EPA v. FRIEDRICH AIR CONDITIONING & REFRIGERATION CO.

Case summary

DATA SHEET: * DEFENDANT: FRIEDRICH AIR CONDITIONING & REFRIGERATION CO., A MANUFAC- TURER OF AIR CONDITIONING AND REFRIGERATION UNITS. * VIOLATIONS: VIOLATIONS OF FRIEDRICH'S INDUSTRIAL USER PERMIT, FAILURE TO COMPLY WITH 'CATEGORIAL' PRETREATMENT REGULATIONS, FAILURE TO IMPLEMENT ADEQUATE PRETREATMENT 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 $174,000. * RECENT CONTACT WITH DEFENDANT: LETTERS, DATED JUNE 3, 1988, JULY 5, 1988, AND JULY 14, 1988 SENT BY THE CITY OF SAN ANTONIO TO FRIEDRICH AIR CONDI- TIONING AND REFRIGERATION CO NOTING DISHCARGE VIOLATIONS. * NATIONAL ISSUES: THE PURPOSE OF THE CWA IS FRUSTRATED IF A CITY'S POTW FAILS TO IMPLEMENT ITS APPROVED PRETREATMENT PROGRAM AND INDUS- TRIAL 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: FRIEDRICH AIR CONDITIONING & REFRIGERATION CO. IS A DIVI- SION OF US NATURAL RESOURCES, INC., WITH HEADQUARTERS, AS OF MARCH, 1988, LOCATED IN VANCOUVER, WASH. FRIEDRICH MANU- FACUTRES AIR CONDITIONING AND REFRIGERATION UNITS EMPLOYING APPROX 650 EMPLOYEES. PROCESS WASTEWATER DISCHARGED BY THE COMPANY TO THE CITY OF SAN ANTONIO SEWERAGE SYSTEM EXCEEDS 10,000 GALLONS PER DAY. FRIEDRICH IS NOT A 'JOB SHOP' ELECTROPLATER, AS DEFINED IN 40 CFR SECTION 433.11. * FRIEDRICH IS SUBJECT TO THE GENERAL PRETREATMENT REGULATIONS FOR EXISING AND NEW SOURCES OF POLLUTION (40 CFR PART 403). FRIEDRICH IS ALSO SUBJECT TO THE REGULATIONS FOR THE METAL FINISHING POINT SOURCE CATEGORY (40 CFR PART 433), WHICH REQUIRED COMPLIANCE BY FEB 15, 1986. FRIEDRICH IS SPECIFICALLY SUBJECT TO 40 CFR PART 433.15 WHICH DEFINES THE DISCHARGE LIMITATIONS FOR PRETREATMENT STANDARDS OF EXISTING SOURCES (PSES). DISHCARGE LIMITATIONS FOR FRIEDRICH WERE REDUCED AS REQUIRED BY 40 CFR PART 403.6(E) BY USING THE COMBINED WASTE STREAM FORMULA. FRIEDRICH VIOLATED SUCH COMPUTED DISCHARGE LIMITATIONS IN 1986, 1987, AND 1988. THE PREDOMINANT VIOLATIO HAS BEEN EXCESSIVE CONCENTRATIONS OF ZINC IN THE FRIEDRICH'S DISCHARGE. * THE CITY OF SAN ANTONIO ISSUED INDUSTRIAL WASTEWATER PERMIT NO. MF-0074 (HEREINAFTER 'IU PERMIT') TO FRIEDRICH ON DEC 2, 1985. THE IU PERMIT IS ATTACHED AND INCORP HEREIN AS EXHIBIT A. THIS IU PERMIT REGULATED DISCHARGES BASED ON BOTH LOCAL LIMITS AND FEDERAL PRETREATMENT REGULATIONS. THE IU PERMIT WAS ISSUED TO FRIEDRICH BY THE CITY OF SAN ANTONIO AS REQUIRED BY THE CITY'S NPDES PERMIT NO. TX0052647, ISSUED TO THE CITY OF SAN ANTONIO'S SALADO CREEK POTW ON JULY 8, 1981. THE NPDES PERMIT REQUIRED THE CITY TO DEVLEOP A PRETREATMENT PROGRAM AND HAVE THIS PROGRAM APPROVED BY THE EPA. * THE CITY DEVELOPED A PRETREATMENT P

Defendants (1)

• FRIEDRICH AIR CONDITIONING & REFRIGNamed in complaintNamed in settlement

Facilities (1)

• FRIEDRICH AIR CONDITIONING COMPANY

  4200 N PANAM EXPY, SAN ANTONIO, TX, 78219-1698

  Registry ID: 110000861773

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FRIEDRICH AIR CONDITIONINGentered 1991-10-31

  Primary law: CWA

  Federal penalty: $84,000

Timeline (7 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1991-09-03Complaint Filed With Court
• 1991-10-31Final Order Lodged
• 1991-10-31Final Order Entered
• 1991-10-31Concluded
• 1992-01-24Enforcement Action Closed