EPA v. ALCOA - ANDERSON COUNTY WORKS

Case summary

DATA SHEET: * VIOLATIONS: ALCOA'S EFFLUENT VIOLATIONS CONSIST OF DISCHARGES IN EXCESS OF PERMITTED EFFLUENT LIMITS OF DCPB, HCB AND PH. * RELIEF: REGION 6 REQUESTS THAT A CIVIL SUIT BE INSTITUTED PURSUANT TO SECTION 309(A) OF THE CWA, REQUESTING INJUNCTIVE RELIEF AND PENALTIES IN THE AMOUNT OF $265,914. * RECENT CONTACTS: EPA HAS BEEN IN CONTACT WITH THE DEFENDANT FACILITY BY TELEPHONE AND CORRESPONDENCE. EPA HAS MET WITH ALCOA AND HAS VISITED THE FACILITY. AS THIS WRITING, AND ORDER FOR INFORMATION IS BEING PREPARED. NO NEGOS HAVE BEEN INITIA- TED. * * SYNOPSIS: ALCOA OPERATES A RESEARCH AND DEVELOPMENT FACILITY IN ANDERSON COUNTY, TEX, FOR THE DEVELOPMENT OF THE ALCOA SMEL- TING PROCESS FOR THE PRODUCTION OF PRIMARY ALUMINUM. THE PLANT BEGAN OPERATION IN 1976 AND ALL PRODUCTION OPERATIONS CEASED IN AUG 1982. A SKELETON CREW HAS BEEN MAINTAINED AT THE FACILITY SINCE THAT TIME. THE CO HAD TENTATIVE PLANS TO START PRODUCTION AGAIN AT A LATER DATE BUT IN 1986 MADE THE DECISION TO CLOSE OUT THE FACILITY, DISMANTLE THE EQUIP- MENT AS NECESSARY, AND SELL THE PROPERTY. AS OPERATIONS WOULD DOWN, THE FACILITY DECIDED TO REPROCESS THE REMAINING ALUMINUM CHLORIDE LEFT ON HAND. * THE OUTFALLS ARE PERMITTED UNDER NPDES PERMIT NO. TX0056341. ALOCA'S ANDERSON CTY WORKS HAS HAD NUMEROUS EXCURSIONS OF ITS PERMIT LIMITS FROM OUTFALLS 2, 4, 5, AND 6. THE CO. HAS ALSO HAS NON-REPORTING VIOLATIONS IN THE MONTHS OF AUG 1987 AND OCTOBER THROUGH DEC 1987. THE DMRS SHOW THE PERMITTED OUTFALLS ARE OUT OF COMPLIANCE WITH THE LIMITS. THE EPA RECEIVED INFO FROM THE INSPECTION REPORTS THAT THE FACILI- TY WAS EXPERIENCING PROBLEMS WITH THEIR DISMANTLING PROCESS AND WITH THE REPROCESSING OF ALUMINUM CHLORIDE. * EPA HAS BEEN IN CONTACT WITH THE FACILITY SINCE 1987 IN REGARDS TO THE CURRENT VIOLATIONS. A MEETING IN MAY 1988 PUT THE FACILITY ON NOTICE THAT EPA WAS CONSIDERING PENAL- TIES; HOWEVER, THERE WAS NO MENTION OF ANY CIVIL ACTION. IN SEPTEMBER 1992, DOJ FILED A COMPLAINT SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF. * THE CASE WAS FILED IN E.D. TEX. AND WAS PUT ON A FAST TRACK WITH A TRIAL DATE OF 06/21/93. ALCOA,EPA AND DOJ ENGAGED IN SETTLEMENT DISCUSSIONS ON 03/30/93 AND 06/11/93 BUT WERE UNABLE TO SETTLE THE CASE. * ON 05/21/93 THE U.S. FILED A MOTION FOR SUMMARY JUDGEMENT ON LIABILITY WHICH WAS GRANTED IN PART ON 06/18/93. THE SUMMARY JUDGEMENT ORDER ESTABLISHED GOOD LAW FOR THIS CIRCUIT BY RULING ON ALL LEGAL ISSUES IN FAVOR OF THE U.S.. NOTABLY, THE COURT HELD THAT THE 5-YR STATUTE OF LIMITATIONS BEGINS TO RUN ON THE DATE EPA RECEIVES THE A DMR AND THAT A VIOLATION OF A DAILY AVERAGE EFFLUENT LIMITATION IS THIRTY (30) VIOLATIONS OF THE CWA. *** ON 06/21/93 THE TRIAL OF THIS CASE COMMENCED BUT SETTLEMENT WAS REACHED THAT AFTERNOON. ALCOA AGREED TO A STIPULATED CIVIL PENALTY IN TH AAMOUNT OF $750

Defendants (1)

• ALCOANamed in complaintNamed in settlement

Facilities (1)

• ANDERSON COUNTY

  7M NE OF PALESTINE, ANDERSON, TX, 77830

  Registry ID: 110010744739

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• ALCOA - ANDERSON COUNTY WORKSentered 1993-08-31

  Primary law: CWA

  Federal penalty: $750,000

Timeline (7 milestones)

• 1988-08-12Enforcement Action Data Entered
• 1988-12-30Referred To Dept Of Justice
• 1992-09-02Complaint Filed With Court
• 1993-08-31Final Order Lodged
• 1993-08-31Final Order Entered
• 1993-08-31Concluded
• 1994-09-14Enforcement Action Closed