EPA v. HALL PLATING COMPANY

Case summary

DATA SHEET * VIOLATIONS: VIOLATIONS OF HALL'S INDUSTRIAL USER PERMIT, FAILURE TO COMPLY WITH 'GENERAL' AS WELL AS 'CATEGORICAL' PRETREATMENT REGULATIONS, FAILURE TO IMPLEMENT ADEQUATE PRETREATEMENT TO ASSURE COMPLIANCE WITH SUCH REGULATIONS AND WITH ITS PERMIT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A DECREE AND MINIMUM PENALTIES IN THE AMOUNT OF $29,500. * RECENT CONTACTS: THE MOST RECENT CONTACT OF HALL PLATING CO WITH HALL TOOK PLACE DURING THE COURSE OF AN EPA INSPECTION CONDUCTED JUNE 8, 1988. * NATIONAL ISSUES: THE PURPOSE OF THE CWA IS FRUSTRATED IF INDUSTRIAL USERS ARE ALLOWED TO IGNORE THEIR PERMIT AND REGULATORY REQUIRE- MENTS, AND THEREBY THWART THE EFFORTS OF A POTW TO MEET ITS NPDES PERMIT CONDITIONS. * * CASE SYNOPSIS: HALL PLATING IS OWNED BY JAMES W. HALL AND VERNA SUE HALL. HALL PERFORMS NUMEROUS PLATING OPERATIONS WHICH INCLUDE CHROMIUM, BRASS, NICKEL, COPPER, ZINC, CADMIUM, AND TIN PLATING. HALL IS A JOB SHOP ELECTROPLATING COMPANY. 'JOB SHOP' AS DEFINED IN 40 CFR SECTION 433.11 REFERS TO A FACILITY WHICH OWNS NOT MORE THAN 50% (ANNUAL AREA BASIS) OF THE MATERIALS UNDERGOING METAL FINISHING. INDIRECT DIS- CHARGIN 'JOB SHOPS' SUCH AS HALL ARE EXPECTED FROM THE PRO- VISIONS FOR CATEGORICAL METAL FINISHERS SET FORTH IN 40 CFR PART 433, AND ARE INSTEAD GOVERNED BY THE CATEGORICAL ELECTROPLATING PROVISIONS SET FORTH IN 40 CFR PART 413. * HALL DISCHARGES RINSE WATERS FROM ITS PLATING OPERATIONS TO THE CITY OF SAN ANTONIO SEWERAGE SYSTEM. THE DISCHARGES ARE GREATER THAN 10,000 GALLONS PER DAY. THE RINSE TANKS ARE CONTINUOUS FLOW WITH CONSTANT DISCHARGE. * THE CITY OF SAN ANTONIO ISSUED INDUSTRIAL WASTEWATER PERMIT NO. EP-0006 TO HALL PLATING ON SEPTEMBER 15, 1985 (HEREIN- AFTER 'IU PERMIT, ' WHICH IS ATTACHED AND INCORPORATED HERE- IN AS EXHIBIT A). THIS IU PERMIT REGULATES DISCHARGES BASED ON BOTH LOCAL LIMITS AND FEDERAL PRETREATMENT REGULATIONS. THE IU PERMIT WAS ISSUED TO HALL BY THE CITY OF SAN ANTONIO AS REQUIRED BY THE CITY'S NPDES PERMIT FOR ITS RILLNG ROAD WASTE WATER TREATMENT PLANT, ISSUED TO THE CITY ON OCTOBER 30, 1981. THE NPDES PERMIT REQUIRED THE CITY TO DEVELOP A PRETREATMENT PROGRAM WHICH WAS APPROVED BY THE EPA AND BECAME EFFECTIVE ON FEB 15, 1985, GIVING THE CITY THE AUTH- ORITY TO ENFORCE FEDERAL PRETREATMENT REGULATIONS FOR CATE- GORICAL INDUSTRIAL USERS IN SAN ANTONIO. * HALL HAS FILED TO COMPLY WITH THE TERMS AND PROVISIONS OF ITS IU PERMIT. A LIST OF VIOLATIONS IS ATTACHED AS EXHIBIT B. THE FACILITY HAS NO PRETREATMENT FOR PROCESS WASTWATERS DISCHARGED TO THE SANITARY SEWER SYSTEM. * HALL IS LOCATED AT 1315 NORTH OLIVE STREET, SAN ANTONIO, TX. MR. JAMES HALL, THE OWNER, STARTED THE BUSINESS IN 1977. ACCORDING TO A D & B REPORT PRINTED AUG 10, 1988, THE CO SHOWS A NET WORTH OF $113,229, AND EMPLOYS 25 PEOPLE. THE COMPANY HAS A D & B RATING OF 'CC2'

Defendants (1)

• HALL PLATING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• HALL PLATING

  1315 N OLIVE, SAN ANTONIO, TX, 78202

  Registry ID: 110005080919

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• HALL PLATING COMPANYentered 1991-08-30

  Primary law: CWA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1991-08-30Concluded
• 1991-08-30Enforcement Action Closed
• 1991-08-30Final Order Lodged
• 1991-08-30Final Order Entered
• 1991-08-30Complaint Filed With Court