EPA v. PELLERIN-MILNOR CORPORATION

Case summary

DATA SHEET: * DEFENDANT: PELLERIN-MILNOR CORP IS A COMMERCIAL INDUSTRY LAUNDRY EQUIP- MENT MANUFACTURER LOCATED IN KENNER, LA. * VIOLATIONS: VIOLATION OF SECTION 301 OF THE ACT, BY DISCHARGING WITHOUT A PERMIT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $226,000. THE REGION REQUESTS AUTHORIZATION TO COMMENCE SETTLEMENT NEGOTIATIONS. * RECENT CONTACT WITH DEFENDANT: THE MOST RECENT MEETING WITH PELLERIN-MILNOR REPS WAS HELD ON NOV 3, 1987. TO DATE, PERMIT VIOLATIONS CONTINUE. * CASE SYNOPSIS: AS A PART OF THE CITY OF KENNER PRETREATMENT AUDIT, ON MAY 28, 1987, A ROUTINE VISIT WAS MADE TO PELLERIN-MILNOR. DURING THIS AUDIT IT WAS DISCOVERED THAT PELLERIN-MILNOR WAS DISCHARGING SOME PROCESS WASTE (WASHING MACHINE TEST- WATER) INTO A STORM DRAINAGE DITCH, WHICH FLOWS INTO LAKE PONCHARTRAIN. PELLERIN-MILNOR HAD RECEIVED, ON OCTOBER 2, 1986, ITS INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE PERMIT (01-1090-118) FROM THE CITY OF KENNER. THIS PERMIT INAPPRO- PRIATELY INCLUDED THE DISCHARGES TO THE STORM DRAIN IN THE PERMIT. THIS IU PERMIT CONTAINED 3 SITES TO BE MONITORED, WHICH ARE AS FOLLOWS: 1) EFFLUENT PIPE WHERE IT DISCHARGES INTO A DRAINAGE DITCH ON STREET NEAREST AIRLINE HIGHWAY. 2) EFFLUENT PIPE WHERE IT DISCHARGES INTO A DRAINAGE DITCH ON JACKSON STREET. 3) EFFLUENT FROM A SUMP TANK IN FRONT OF 711 JACKSON ST. LIMITATIONS FOR THREE MONITORING SITES WERE AS FOLLOWS: PARAMETERS PERMIT LIMITATIONS BOD 200 MG/L TSS 250 MG/L PH NOT LESS THAN 6.5 OR GREATER THAN 9.0 ZINC 1.0 MG/L * THE SAMPLING AND ANALYSIS WERE TO BE CONDUCTED QUARTERLY. * NOTE, SAMPLING AND MONITORING FOR SITES 1) AND 2) WERE INAPPROPRIATE, SINCE THESE SITES WERE TO THE DRAINAGE DITCH THAT FLOWS EVENTUALLY TO LAKE PONTCHARTRAIN. FURTHERMORE, THIS PERMIT WAS ERRONEOUS IN THAT IT DID NOT APPLY APPRO- PRIATE CATEGORICAL STANDARDS. * A CEI WAS CONDUCTED ON PELLERIN-MILNOR ON JULY 21, 1987, BY THE EPA. DURING THE CEI, THE DISCHARGE SITES WERE VERIFIED. AO DOCKET NO. VI-87-635 WAS ISSUED OCT 20, 1987 AND CITED THE DIRECT DISCHARGE OF PROCESS WASTE INTO WATERS OF THE US W/O AN NPDES PERMIT. THE ORDER REQUIRED THAT PELLERIN MILNOR CEASE AND DESIST FROM ALL UNPERMITTED DISCHARGES AND W/I 30 DAYS OF THE ORDER, PROVIDE FURTHER INFO PERTAINING TO THEIR DISCHARGES SINCE 1985. THE ORDER ALSO REQUIRED THAT PELLERIN MILNOR MEET WITH EPA TO SHOW CAUSE WHY THEY HAD NOT COMPLIED WITH THE MANDATE OF SECTION 301 OF THE CWA.

Defendants (1)

• PELLERIN-MILNORNamed in complaintNamed in settlement

Facilities (4)

• PELLERIN MILNOR CORPORATION

  700 JACKSON STREET, KENNER, LA, 70062

  Registry ID: 110000448800

• PELLERIN MILNOR CORPORATION

  700 JACKSON STREET, KENNER, LA, 70062

  Registry ID: 110000448800

• PELLERIN MILNOR CORPORATION

  700 JACKSON STREET, KENNER, LA, 70062

  Registry ID: 110000448800

• PELLERIN MILNOR CORPORATION

  700 JACKSON STREET, KENNER, LA, 70062

  Registry ID: 110000448800

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PELLERIN-MILNOR CORPORATIONentered 1992-11-03

  Primary law: CWA

  Federal penalty: $175,000

Timeline (7 milestones)

• 1988-09-26Enforcement Action Data Entered
• 1988-09-26Referred To Dept Of Justice
• 1992-10-15Complaint Filed With Court
• 1992-11-03Final Order Lodged
• 1992-11-03Final Order Entered
• 1992-11-03Concluded
• 1992-11-16Enforcement Action Closed