EPA v. INDUSTRIAL CHROME PLATE, INC.

Case summary

DATA SHEET: * DEFENDANT: INDUSTRIAL CHROME PLATE, INC., IS A 'JOB SHOP' HARD CHROME ELECTROPLATING COMPANY WHICH PLATES INDUSTRIAL ENGINE CYLNDERS AND HYDRAULIC RODS. * VIOLATIONS: VIOLATIONS OF INDUSTRIAL CHROME PLATE, INC. INDUSTRIAL USER PERMIT, FAILURE TO COMPLY WITH 'CATEGORICAL' PRETREATMENT REGULATIONS, FAILURE TO IMPLEMENT ADEQUATE PRETREATMENT IN A TIMELY MANNER TO ASSURE COMPLIANCE WITH SUCH REGULA- TIONS AND WITH ITS IU PERMIT. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A DECREE AND MINIMUM CIVIL PENAL- TIES IN THE AMOUNT OF $26,500. * RECENT CONTACT WITH DEFENDANT: THERE HAS BEEN NO DIRECT RECENT ONE-ON-ONE CONTACT WITH IN- DUSTRIAL. VIOLATIONS HAVE BEEN DOCUMENTED THROUGH INSPEC- TIONS AND CORRESPONDENCE WITH THE CITY OF SAN ANTONIO. * NATIONAL ISSUES: THE PURPOSE OF THE CWA IS FRUSTRATED IF THE CITY'S POTW FAILS TO IMPLENT ITS APPROVED PRETREATMENT PROGRAM AND IN- DUSTRIAL 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: INDUSTRIAL CHROME PLATE, INC. IS A TEXAS CORP, INCORPORATED IN 1964, AND WHOLLY OWNED BY THE OFFICERS OF THE COMPANY. INDUSTRIAL EMPLOYS 26 PEOPLE INCLUDING OFFICERS, AND IS A 'JOB SHOP' ELECTROPLATING COMPANY AS DEFINED IN 40 CFR 433.11. INDUSTRIAL PERFORMS HARD CHROME ELECTROPLATING, A PROCESS USED FOR PLATING THE INTERIOR OF INDUSTRIAL EN- GINE CYLINDERS AND HYDRAULIC RODS. THE COMPANY SELLS TO RAILROADS, TO THE MARINE INDUSTRY AND THE OIL AND GAS INDUSTRY. THE COMPANY DISCHARGES LESS THAN 10,000 GALLONS PER DAY (GPD) OF ELECTROPLATING PROCESS WASTEWATER TO THE CITY OF SAN ANTONIO SEWERAGE SYSTEM. THEREFORE, THE COMPANY IS ONLY REGULATED FOR CYANIDE, LEAD AND CADMIUM UNDER 40 CFR PART 413.14. THE DISCHARGES BEGAN PRIOR TO AUG 3, 1982, WHICH IS THE PUBLICATION DATE OF THE PROPOSED RULES FOR METAL FINISHING. THEREFORE, THE CO IS SUBJECT TO 40 CFR PART 433.14 WHICH DEFINES PRETREATMENT STANDARDS FOR EXISTING SOURCES (PESES). * THE CITY OF SAN ANTONIO ISSUED INDUSTRIAL WASTEWATER PERMIT NO. EP-0007 TO INDUSTRIAL ON SEPTEMBER 15, 1985. THE IU PERMIT IS ATTACHED AND INCORP HEREIN AS EXHIBIT A. THIS IU PERMIT REGULATES DISCHARGES BASES ON BOTH LOCAL LIMITS AND FEDERAL PRETREATMENT REGULATIONS. * THE IU PERMIT WAS ISSUED TO INDUSTRIAL BY THE CITY OF SAN ANTONIO AS REQUIRED BY THE CITY'S NPDES PERMIT, ISSUED TO THE RILLNG 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 PRETREATMENT PROGRAM WHICH WAS APPROVED BY THE EPA AND BECAME EFFECTIVE ON FEB 15, 1985, GIVING THE CITY THE AUTHORITY TO ENFORCE FEDERAL PRETREATMENT REGULA- TIONS FOR CATEGORICAL INDUSTRIAL US

Defendants (1)

• INDUSTRIAL CHROME PLATE, INC.Named in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL CHROME PLATE INCORPORATED

  2805 SOUTH FLORES STREET, SAN ANTONIO, TX, 78204

  Registry ID: 110000619395

Statutes cited

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

Enforcement conclusions (1)

• INDUSTRIAL CHROME PLATE, INC.entered 1990-11-14

  Primary law: CWA

  Federal penalty: $41,000

Timeline (7 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1990-11-14Final Order Lodged
• 1990-11-14Final Order Entered
• 1990-11-14Complaint Filed With Court
• 1990-11-14Concluded
• 1990-11-14Enforcement Action Closed