EPA v. UNION TANK CAR COMPANY, INC.

Case summary

DATA SHEET: * VIOLATIONS: UNION TANK DISCHARGES POLLUTANTS INTO WATERS OF THE US W/O AN NPDES PERMIT, A VIOLATION OF SECTION 301 OF THE CWA, 33 USC 1311. DESPITE REPEATED NOTIFICATION, THE CO HAS FAILED TO APPLY FOR A PERMIT. * RECENT CONTACT WITH DEFENDANT: AFTER BEING FORCED TO OBTAIN A WARRANT, REGION VI STAFF INSPECTED THE FACILITY ON JAN 27 AND 28, 1988 * NATIONAL ISSUES: DEFENDANT HAS FLOUTED THE NPDES PROGRAM BY REFUSING TO APPLY FOR A PERMIT. SINCE WIDESPREAD VOLUNTARY COMPLIANCE IS ESSENTIAL DUE TO RESOURCE CONTRAINTS, THIS ACTION IS IMPOR- TANT TO ENSURE THE INTEGRITY OF THE PROGRAM. * RECEIPT OF EVIDENCE OF VIOLATIONS: FEDERAL INSPECTORS DOCUMENTED FOUR SEPARATE DISCHARGES. STATE INSPECTORS, DMR'S AND NCR'S ALSO DOCUMENT DISCHARGES. * SYNOPSIS: UNION TANK CAR CO, INC., LITHCOTE CO DIVISION, OPERATES A RAILROAD CAR REPAIR AND MAINTENANCE FACILITY IN VILLE PLATTE, EVANGELINE PARISH, LA. UNION TANK ACQUIRED THE FACILITY FROM LITHCOTE ON APRIL 1, 1987. DESPITE REPEATED NOTIFICATION BY BOTH STATE AND FEDERAL AUTHORITIES, SINCE 1983, THE FACILITY HAS FAILED TO APPLY FOR A NPDES PERMIT. THE FACILITY DISCHARGES INTO WATERS OF THE US IN VIOLATION OF SECTION 301 OF THE CWA, 33 USC 1311. THE COMPANY HAS AN EXPIRED PERMIT FROM THE STATE OF LA; HOWEVER, THE PERMIT DOES NOT ACCURATELY REFLECT THE OUTFALLS. * REGION VI STAFF ATTEMPTED TO INSPECT THE FACILITY ON NOV 11, 1987. AFTER REFUSING TO SIGN A GENERAL RELEASE IN ACCORD- ANCE WITH THE EPA POLICY, THE INSPECTOR WAS REFUSED ENTRY. SHE DID INFORM THE CO IT NEEDED AN NPDES PERMIT AND PROVIDED INFORMATION TO THE BRANCH MANAGER ON APPLYING FOR A PERMIT. THIS INFORMATION WAS CONVEYED IN THE PRESENCE OF AN INDUS- TRIAL AND HEALTH SPECIALIST FROM THE CO'S HEADQUARTERS. * AFTER OBTAINING A SEARCH WARRANT, THE INSPECTOR RETURNED ALONG WITH THE REGION VI COMPLIANCE ENGINEER TO INSPECT THE FACILITY ON JAN 27 AND 28, 1988. THE INSPECTORS DOCUMENTED FOUR DISCHARGES INTO THE RECEIVING STREAM, INCLUDING THREE CONTAMINATED STORMWATER AND ONE SANITARY WASTEWATER DIS- CHARGE. THE INSPECTORS ALSO COPIED FROM THE CO'S FILES EXTENSIVE DOCUMENTATION OF PREVIOUS DISCHARGES, AS WELL AS MEMORANDA TO HEADQUARTERS REGARDING THE NEED FOR AN NPDES PERMIT. * LITHCOTE FIRST CAME TO REGULATORY ATTENTION AFTER A 1979 FISH KILL WAS TRACED TO THE FACILITY. THE STATE OF LA SUB- SEQUENTLY ISSUED A ONE-YEAR PERMIT TO ENABLE THE CO TO GATHER DATA. THE CO HAS IMPROVED ITS OPERATIONAL PRACTICES AND INSTALLED A NEW WASTEWATER TREATMENT SYSTEM, BUT IT STILL HAS UNAUTHORIZED DISCHARGES. * EVEN THOUGH THE VOLUME OF DISCHARGE IS LOW, IT IS IMPORTANT FOR EVERY DISCHARGER TO APPLY FOR A PERMIT TO PROTECT THE INTEGRITY OF THE NPDES PROGRAM. REGION VI REQUESTS A CIVIL ACTION FOR PENALTIES $650,000 AND INJUNCTIVE RELIEF. REGION VI WILL ATTEMPT TO OBTAIN SETTLEMENT IN THE FORM OF A CON- SENT DECREE.

Defendants (1)

• UNION TANK CAR COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• VILLE PLATTE

  LITHCOTE RD SEC 27 TOWNSHIP 4-, VILLE PLATTE, LA, 70586

  Registry ID: 110010744141

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• UNION TANK CAR COMPANY, INC.entered 1993-09-07

  Primary law: CWA

  Federal penalty: $350,000

Timeline (7 milestones)

• 1988-02-18Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1991-09-26Complaint Filed With Court
• 1993-09-07Final Order Lodged
• 1993-09-07Final Order Entered
• 1993-09-07Concluded
• 1993-11-15Enforcement Action Closed