EPA v. TELEDYNE BLU-WHITE

Case summary

DATA SHEET: * VIOLATIONS: VIOLATIONS OF TELEDYNE BLU-WHITE'S INDUSTRIAL USER PERMIT, FAILURE TO COMPLY WITH 'GENERAL' AS WELL AS 'CATEGORICAL' 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 DECREE AND MINIMUM CIVIL PENAL- TIES IN THE AMOUNT OF $50,500. * RECENT CONTACT WITH DEFENDANT: THE MOST RECENT CONTACT WITH THE CITY TOOK PLACE DURING THE COURSE OF AN EPA CONDUCTED JUNE 9, 1988. * NATIONAL ISSUES: THE PURPOSE OF THE CWA IS FRUSTRATED IF A CITY'S POTW FAILS TO IMPLEMENT IS APPROVED PRETREATMENT PROGRAM AND INDUSTRIAL USERS ARE ALLOWED TO IGNORE THEIR PERMIT AND REGULATORY REQUIREMENTS, AND THEREBY THWART THE EFFORTS OF THE POTW TO COMPLY IWHT ITS NPDES PERMIT CONDITIONS. * * CASE SYNOPSIS: TELEDYNE BLU-WHITE, A DIVISON OF TELEDYNE DENSCO, MANUFAC- TURES DENTAL DRILLS, TELEDYNE PERFORMS ELECTROPLATING AS PART OF ITS MANUFACTURING PROCESS. PROCESS WASTEWATER IS DISCHARGED BY THE COMPANY TO THE CITY OF SAN ANTONIO SEWER- AGE SYSTEM AT THE RATE OF APPROX 720 GALLONS PER DAY. THE DISCHARGES BEGAN PRIOR TO AUG 3, 1982, WHICH IS THE PUBLICA- TION DATE OF THE PROPOSED RULES FOR METAL FINISHING. THERE- FORE, THE COMPANY IS SUBJECT TO RO CFR PART 433.15 WHICH DEFINES PRETREATMENT STANDARDS FOR EXISTING SOURCES (PSES). * THE CITY OF SAN ANTONIO ISSUED INDUSTRIAL WASTEWATER PERMIT NO. MF-0016 TO TELEDYNE ON SEPT 15, 1985. THE IU PERMIT IS ATTACHED AND INCORP HEREIN AS EXHIBIT A. THIS IU PERMIT REGULATES DISCHARGES BASED ON BOTH LOCAL LIMITS AND FEDERAL PRETREATMENT REGULATIONS. * THE IU PERMIT WAS ISSUED TO TELEDYNE BY THE CITY OF SAN ANTONIO AS REQUIRED BY THE CITY'S NPDES PERMIT, ISSUED TO THE RILLING ROAD FACILITY ON OCT 1, 1981. THE NPDES PERMIT REQUIRED THE CITY TO DEVELOP A PRETREATMENT PROGRAM AND HAVE THIS PROGRAM APPROVED BY THE EPA. * THE CITY DEVELOPED A PRETREATMENT PROGRAM WHICH WAS APPROVED BY THE EPA AND BECAME EFFECTIVE ON FEB 15, 1985, GIVING THE CITY THE AUTHORIY TO ENFORCE FEDERAL PRETREATMENT REGULA- TIONS FOR CATEGORICAL INDUSTRIAL USERS IN SAN ANTONIO. * TELEDYNE HAS FAILED TO COMPLY WITH THE TERMS AND PROVISIONS OF ITS IU PERMIT. A LIST OF VIOLATIONS IS ATTACHED AS EXHIBIT B. THE FACILITY HAS NO ADEQUATE PRETREATMENT FOR PROCESS WASTEWATERS DICHARGED TO THE SANITARY SEWER SYSTEM. * TELEDYNE IS A BRANCH OF A DIV OF TELEDYNE DENSCO AND IS LOCATED AT 102 BABCOCK ROAD, SAN ANTONIO, TX 78201. AC- CORDING TO D& B, TELEDYNE BLU-WHITE APPEARS TO BE A BRANCH OF BLU-WHITE DIAMOND INSTRUMENT CO, A DIV OF DENSCO, WITH THE PARENT CO KNOWN AS TELEDYNE, INC. THE PARENT CO IS SHOWN BY D & B TO HAVE HAD SALES IN EXCESS OF $3 BILLION IN 1987, WITH WORTH INDICATED AS 1.

Defendants (1)

• TELEDYNE BLU-WHITENamed in complaintNamed in settlement

Facilities (1)

• TELEDYNE BLU WHITE

  102 BABCOCK ROAD, SAN ANTONIO, TX, 78201

  Registry ID: 110000824261

Statutes cited

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

Enforcement conclusions (1)

• TELEDYNE BLU-WHITEentered 1988-11-16

  Primary law: CWA

  Federal penalty: $41,000

Timeline (7 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1988-11-16Final Order Lodged
• 1988-11-16Final Order Entered
• 1988-11-16Complaint Filed With Court
• 1988-11-16Concluded
• 1988-11-16Enforcement Action Closed