EPA v. BAYTANK (HOUSTON), INC.

Case summary

06/29/90: SYNOPSIS OF THE CASE: BAYTANK HOUSTON), INC., OWNS & OPERATES A CHEMICAL STORAGE & TRANSFER FACILITY LOCATED IN SEABROOK, TX. THE FACILITY'S DISCHARGES TO THE BAYPORT TURNING BASIN ARE REGULATED BY EPA VIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM( NPDES ) PERMIT#TX008 9192. FROM JUNE 1985 THROUGH THE OF THIS LITIGATION REPORT, THE FACILITY'S DISCHARGES HAVE CONSISTENTLY EXCEEDED THE EFFLUENT LIMITATIONS IN BAYTANK'S NPDES PERMIT, THEREBY VIOL SECT. 301(A) OF THE CWA, 33 U.S.C. 1311(A). IN ADDITION, BAYTANK (HOUSTON), INC. FAILED TO SUBMIT QUARTERLY DISCHARGE MONITORING REPORTS TO EPA, AS REQUIERED BY ITS NPDES PERMIT, FROM JULY 1985 THROUGH JULY 86. (THE STATUTE OF LIMITATIONS ON CIVIL PENALTIES, UNFORTUNATELY, PRECLUDES A CIVIL ACTION FOR BAYTANK'S EFFLUENT LIMITATION & REPORTING VIOLATIONS WHICH OCCURRED DURING THE PERIOD OCTOBER 1982 THRU MAY 85. BAYTANK & THREE OF ITS EMPLOYEES ARE CURRENTLY THE SUBJECTS OF AN ACTION IN U.S. DIST. COURT ALLEGING CRIMINAL VIOL'S DURNING THE PERIOD 1983 THRU 87, OF THE CWA RCRA & CERCLA.

Defendants (1)

• BAYTANK (HOUSTON), INC.Named in complaintNamed in settlement

Facilities (2)

• ODFJELL TERMINALS BAYTANK INCORPORATED

  12211 PORT ROAD, SEABROOK, TX, 77586

  Registry ID: 110000504419

• ODFJELL TERMINALS BAYTANK INCORPORATED

  12211 PORT ROAD, SEABROOK, TX, 77586

  Registry ID: 110000504419

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BAYTANK (HOUSTON), INC.entered 1992-04-17

  Primary law: CWA

  Federal penalty: $1,000,000

Timeline (7 milestones)

• 1990-04-04Enforcement Action Data Entered
• 1990-05-24Referred To Dept Of Justice
• 1992-03-23Complaint Filed With Court
• 1992-04-17Final Order Lodged
• 1992-04-17Final Order Entered
• 1992-04-17Concluded
• 1992-06-09Enforcement Action Closed