EPA v. AMERICAN LANTERN COMPANY

Case summary

DATA SHEET: * VIOLATIONS: VIOLATIONS OF AMERICAN LANTERN'S INDUSTRIAL USER PERMIT, FAILURE TO COMPLY WITH PERMIT, FAILURE TO IMPLEMENT ADEQUATE PRETREATEMENT TO ASSURE COMPLIANCE WITH SUCH REGULATIONS AND WITH ITS IU PERMIT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND MINIMUM CIVIL PENALTIES IN THE AMOUNT OF $277,000. * RECENT CONTACT WITH DEFENDANT: A LETTER, DATED SEPTEMBER 23, 1987, WAS SENT BY THE CITY OF SAN ANTONIO TO AMERICAN LANTERN, CONCERNING THE CO'S RESPONSES WHICH GENERALLY ONLY 'SUGGESTED SHORT-TERM TEM- PORARY SOLUTIONS' TO PAST EFFLUENT VIOLATIONS. THE CITY INFORMED AMERICAN LANTERN THAT 'WITHOUT THE INSTALLATION OF A PRETREATEMENT FACILITY CONSISTENT COMPLIANCE WITH EFFLUENT STANDARDS IS IMPOSSIBLE.' AMERICAN LANTERN WAS REQUIRED, BY THE CITY, TO SUBMIT A FORMAL COMPLIANCE SCHEDULE. * NATIONAL ISSUES: THE PURPOSE OF THE CWA IS FRUSTRATED IF A CITY'S POTW FAILS TO IMPLEMENT ITS APPROVED PRETREATMENT PROGRAM AND INDUS- TRILA USERS ARE ALLOWED TO IGNORE THEIR PERMIT AND REGULA- TORY REQUIREMENTS, AND THEREBY THWART THE EFFORTS OF THE POTW TO COMPLY WITH ITS NPDES PERMIT CONDITIONS. * * CASE SYNOPSIS: AMERICAN LANTERN, A DIV OF BROWN JORDAN COMPANY LIMITED PARTNERSHIP, MANUFACTURES DECORATIVE LIGHT FIXTURES. AMERI- CAN LANTERN PERFORMS ELECTROPLATING AS PART OF ITS MANUFAC- TURING PROCESS. PROCESS WASTEWATER IS DISCHARGED BY THE CO TO THE CITY OF SAN ANTONIO SEWERAGE SYSTEM AT THE RATE OF APPROX 100,000 GALLANS PER DAY. THE DISCHARGES BEGAN PRIOR TO AUG 3, 1982, WHICH IS THE PUBLICATION DATE OF THE PRO- POSED RULES FOR METAL FINISHING. THEREFORE, THE COMPANY IS SUBJECT TO 40 CFR PART 433.15 WHICH DEFINES PRETREATEMENT STANDARDS FOR EXISTING SOURCES. THE COMPANY IS PLANNING TO CLOSE AND POSSIBLY MOVE TO MEXICO IN NOV, 1988. * THE CITY OF SAN ANTONIO ISSUED INDUSTRIAL WASTEWATER PERMIT NO. MF-0015 TO EAGLE SOUTHWEST LIGHTING ON OCT 15, 1985. BY ADDENDUM #1 TO THE IU PERMIT, THE NAME WAS CHANGED TO AMERICAN LANTERN DIV OF BROWN JORDAN COMPANY LIMITED PARTNER SHIP, EFFECTIVE SEPT 12, 1986. THE IU PERMIT IS ATTACHED AND INCORPORATED HEREIN AS EXHIBIT A. THIS PERMIT REGULATES DISCHARGES BASED ON BOTH LOCAL LIMITS AND FEDERAL PRETREAT- MENT REGULATIONS. * THE IU PERMIT WAS ISSUED TO AMERICAN LANTERN BY THE CITY OF SAN ANTONIO AS REQUIRED BY THE CITY'S NPDES PERMIT, ISSUED TO THE RILLING ROAD FACILITY ON OCT 30, 1981. THE NPDES PERMIT REQUIRED THE CITY TO DEVELOP A PRETREATMENT PROGRAM AND HAVE THIS PROGRAM APPROVED BY THE EPA. * THE CITY DEVELOPED A PRETREATEMENT PROGRAM WHICH WAS APPROVED BY THE EPA AND BECAME EFFECTIVE ON FEB 15, 1985, GIVING THE CITY THE AUTHORITY TO ENFORCE FEDERAL PRETREAT- MENT REGULATIONS FOR CATEGORICAL INDUSTRIAL USERS IN SAN ANTONIO. * AMERICAN LANTERN HAS FAILED TO COMP

Defendants (1)

• AMERICAN LANTERN COMPANYNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN LANTERN CO

  1339 S. FLORES, SAN ANTONIO, TX, 78204

  Registry ID: 110002134565

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AMERICAN LANTERN COMPANYentered 1992-09-01

  Primary law: CWA

  Federal penalty: $300,000

Timeline (10 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1988-08-30Referred To Dept Of Justice
• 1991-03-08Returned To Region
• 1991-05-13Rereferred
• 1992-03-04Referred TO U.S. Attorney
• 1992-08-31Complaint Filed With Court
• 1992-09-01Final Order Lodged
• 1992-09-01Final Order Entered
• 1992-09-01Concluded
• 1996-12-06Enforcement Action Closed