EPA v. CPS CHEMICAL COMPANY, INC.

Case summary

DATA SHEET: * DEFENDANT: CPS CHEMICAL CO, INC. OWNS AND OPERATES A SPECIALTY CHEMICAL MANUFACTURING CO LOCATED IN WEST MEMPHIS, ARK. * VIOLATIONS: VIOLATION OF SECTION 301 OF THE ACT, BY DISCHARGING W/O A PERMIT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $150,000. THE REGION REQUESTS AUTHORIZATION TO COMMENCE SETTLEMENT NEGOIATIONS. * RECENT CONTACTS: THE MOST RECENT MEETING WITH PELLERIN-MILNOR REPS WAS HELD ON NOV 3, 1987. TO DATE, PERMIT VIOLATIONS CONTINUE. * CASE SYNOPSIS: CPS CHEMICAL CO, INC. OWNS AND OPERATES A SPECIALTY CHEMICAL MANUFACTURING CO LOCATED IN WEST MEMPHIS, ARK. * EPA ISSUED NPDES PERMIT NO. AR0037770 TO CPS ON 8/29/84, WITH AN EFFECTIVE DATE OF 8/30/84. CPS HAS BEEN SIGNIFI- CANTLY NONCOMPLIANT WITH THE FINAL EFFLUENT LIMITATIONS OF THEIR NPDES PERMIT SINCE ITS EFFECTIVE DATE. CPS HAS ALSO BEEN SIGNIFICANTLY NONCOMPLIANT WITH INTERIM EFFLUENT LIMIT- ATIONS ISSUED IN 3 PREVIOUS AOS. COMPOUNDING THE EFFLUENT VIOLATIONS, CPS HAS VIOLATED CERTAIN MONITORING AND REPORTING REQUIREMENTS OF THEIR PERMIT AND ALSO VIOLATED REPORTING REQUIREMENTS AND COMPLIANCE SCHEDULES CONTAINED IN THE PREVIOUS ORDERS. * THIS REFERRAL SEEKS COMPLIANCE WITH THE CWA AND STATUTORY PENALTIES FOR UNAUTHORIZED DISCHARGES IN VIOLATION OF THE ACT, 33 USC 1319(B), MAY COMMENCE A CIVIL ACTION AGAINST THE COMPANY FOR VIOLATIONS OF THE ACT. * IT IS REQUESTED THAT REPS OF REGION VI MEET WITH CPS TO DISCUSS THE POTENTIAL FOR SETTLEMENT IN THIS MATTER.

Defendants (1)

• CPS CHEMICAL, INC.Named in complaintNamed in settlement

Facilities (2)

• CIBA SPECIALITY CHEMICALS

  100 BRIDGEPORT RD., WEST MEMPHIS, AR, 723016413

  Registry ID: 110000452082

• CIBA SPECIALITY CHEMICALS

  100 BRIDGEPORT RD., WEST MEMPHIS, AR, 723016413

  Registry ID: 110000452082

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 309A1 — Clean Water Act

Enforcement conclusions (1)

• CPS CHEMICAL COMPANY, INC.entered 1992-04-29

  Primary law: CWA

  Federal penalty: $1,000,000

Timeline (7 milestones)

• 1988-09-28Referred To Dept Of Justice
• 1988-09-28Enforcement Action Data Entered
• 1990-03-06Complaint Filed With Court
• 1992-04-29Final Order Lodged
• 1992-04-29Final Order Entered
• 1992-04-29Concluded
• 1992-11-15Enforcement Action Closed