EPA v. YAFFE IRON AND METAL COMPANY, INC.

Case summary

1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1311(A). 2. YAFFE IRON AND METAL COMPANY, INC. END OF SOUTH G STREET MUSKOGEE, OKLAHOMA 3. THE RESPONDENT HAS VIOLATED SECTION 301(A) OF THE CWA BY DISCHARGING INDUSTRIAL WASTEWATER (THE SEPARATED CONTAM- INATED WASTEWATER FROM THE TANK FARM AND TRANSFORMER BUILDING OIL WATER SEPARATORS, AND NON-CONTACT COOLING WATER FROM THE TRANSFORMER BUILDING AREA), PROCESS QUENCH WASTEWATER (THE ALUMINUM FURNACE SMELTING AREA), AND CON- TAMINATED STORMWATER RUN-OFF WITHOUT A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR SUCH DIS- CHARGES, TO AN UNNAMED DITCH; THENCE TO A HOLDING POND, ON UNION PACIFIC'S PROPERTY; AND THENCE TO COODY CREEK. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA IS REQUESTING THAT DOJ PURSUE A PENALTY OF $324,430.00 AND A REQUEST THAT THE RESPONDENT CEASE ALL DISCHARGES OF IN- DUSTRIAL AND PROCESS WASTEWATERS . 5. THIS CASE WAS REFERRED TO DOJ ON JUN. 25, 1993. 6. YAFFE IRON AND METAL COMPANY, INC., A METAL RECYCLING OP- ERATION LOCATED IN MUSKOGEE, OK., RECYCLES ELECTRIC TRANSFORMERS AND OTHER TYPES OF METALS. THIS FACILITY HAS BEEN IN OPERATION SINCE 1964. THE PROPERTY, PRIOR TO 1963, WAS A RAILROAD YARD OWNED AND OPERATED BY UNION PA- CIFIC RAILROAD COMPANY. SOMETIME BEFORE THAT, THE PROP- ERTY WAS THE LOCATION OF A CREOSOTE PLANT FOR TREATING RAILROAD TIES.

Defendants (1)

• YAFFE IRON AND METAL COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• YAFFE IRON & METAL COMPANY INCORPORATED

  G ST. & LEXINGTON AVE., MUSKOGEE, OK, 744010003

  Registry ID: 110000598577

• YAFFE IRON & METAL COMPANY INCORPORATED

  G ST. & LEXINGTON AVE., MUSKOGEE, OK, 744010003

  Registry ID: 110000598577

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• YAFFE IRON AND METAL COentered 1997-02-26

  Primary law: CWA

  Federal penalty: $150,000

Timeline (7 milestones)

• 1993-06-02Enforcement Action Data Entered
• 1993-06-25Referred To Dept Of Justice
• 1995-06-23Complaint Filed With Court
• 1997-02-26Final Order Lodged
• 1997-02-26Final Order Entered
• 1997-02-26Concluded
• 2014-05-07Enforcement Action Closed