EPA v. BERRIDGE MANUF CO.

Case summary

DATA SHEET: * THE VIOLATIONS UPON WHICH THE ACTON IS BASED: THIS REFERRAL IS BASED ON SIX UNAUTHORIZED DISCHARGES. * THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT, IF APPLICABLE: REGION VI RECOMMENDS A BOTTOM-LINE SETTLEMENT AMOUNT OF $28,279 FOR A CIVIL PENALTY PLUS AN INJUNCTION AND STIPU- LATED PENALTIES FOR CONSENT DECREE VIOLATIONS. * RECENT CONTACTS WITH DEFENDANTS, INCLUDING ANY PREVIOUS ADMIN ENFORCEMENT ACTIONS TAKEN, AND NEGOTIATIONS, IF ANY: A AO RESULTED IN A MEETING WITH THE COMPANY ON APRIL 14, 1988. * * CASE SYNOPSIS: BERRIDGE MANUF CO IS AN ARCHITECTURAL SHEET METAL PRODUCT MANUF LOCATED AT 1720 MAURY STREET, HOUSTON, TX. THE CO OPERATES A COIL COATING LINE THAT FALLS UNDER THE GALVAN- IZED BASIS MATERIAL SUBCATEGORY, 40 CFR 465.24, SUBPART B. THEIS COATING LINE HAS BEEN IN OPERATION SINCE MARCH 1983. HOUSTON, TX IS THE CONTROL AUTHORITY FOR INDUSTRIAL USERS WHOD DISCHARGE TO THE POTW. THE COMPANY IS NOT, HOWEVER, HOOKED UP TO THE SYSTEM FOR THE DISCHARGES WHICHA ARE THE SUBJECT OF THIS REFERRAL. IN OCTOBER 1986, THE CITY DIS- COVERED THE CO DISCHARGING WASTEWATER FROM THE CATEGORICALLY REGULATED PROCESS TO THE STORMWATER DITCH WHICH WENT DIRECTLY TO WATERS OF THE US. THE CITY INFORMED THE CO. IT WAS REQUIRED TO CONNECT TO THE CITY SEWER SYSTEM. THE COMPANY REFUSED, INSTEAD CHOOSING TO PURCHASE AND INSTALL A RECIRCULATION TOWER. BERRIDGE STILL DISCHARGES INTERMIT- TENTLY TO THE STORM SEWER. * THE REGION BELIEVES THAT THE COMPANY HAS BEEN DISCHARGING W/O A PERMIT FOR MORE THAN 47 MONTHS. WE ARE UNABLE TO PROVE THESE ALLEGATIONS AT THIS TIME, BUT MORE INFORMATION MAY BE OBTAINED AS THIS CASE PROGRESSES. DISCHARGES FROM THE COMPANY CONTAIN VARYING AMOUNTS OF ZINC AND CHROMIUM IN VIOLATION OF CATEGORICAL PRETREATMENT STANDARDS. SINCE THIS DISCHARGE WAS GOING TO THE STORM SEWER, HOUSTON NOTIFIED BOTH THE CO AND THE EPA OF THE VIOLATION OF SECTION 301 OF THE CWA. * THIS REFERRAL SEEKS COMPLIANCE WITH THE CWA AND PENALTIES FOR UNAUTHORIZED DISCHARGES IN VIOLATION IN THE ACT, 33 USC 1251 ET SEQ. THE ADMIN, PURSUANT TO SECTION 309(B) OF THE ACT, 33 USC 1319(B), MAY COMMENCE A CIVIL ACTION AGAINST THE COMPANY FOR VIOLATIONS OF THE ACT.

Defendants (1)

• BERRIDGE MANUF CO.Named in complaintNamed in settlement

Facilities (2)

• BERRIDGE MANUFACTURING COMPANY

  1720 MAURY ST, HOUSTON, TX, 77026

  Registry ID: 110001140541

• BERRIDGE MANUFACTURING COMPANY

  1720 MAURY ST, HOUSTON, TX, 77026

  Registry ID: 110001140541

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BERRIDGE MANUFACTURING CO.entered 1990-10-26

  Primary law: CWA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1988-04-19Enforcement Action Data Entered
• 1988-05-27Referred To Dept Of Justice
• 1989-11-15Complaint Filed With Court
• 1990-10-26Final Order Lodged
• 1990-10-26Final Order Entered
• 1990-10-26Concluded
• 1990-11-26Enforcement Action Closed