EPA v. S.B. FOOT TANNING CO., A MINNESOTA CORPORATION

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. S. B. FOOT TANNING CO., A MINNESOTA CORPORATION HIGHWAY 287 CACTUS, MOORE COUNTY, TEXAS 79013 3. S. B. FOOT IS A CATEGORICAL INDUSTRIAL USER IN THE LEA- THER TANNING AND FINISHING POINT SOURCE CATEGORY AND THROUGH-THE-BLUE SUBCATEGORY AND AS SUCH, IS REQUIRED TO COMPLY WITH THE CATEGORICAL PRETREATMENT STANDARDS FOR SULFIDE, TOTAL CHROMIUM AND PH. IN ADDITION, THE FACILITY IS REQUIRED TO COMPLY WITH THE REPORTING REQUIREMENTS ESTABLISHED FOR INDUSTRIAL USERS, INCLUDING THE REQUIRE- MENTS TO SUBMIT A BASELINE REPORT (BMR) WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THE CATEGORICAL PRETREATMENT STANDARDS, A REPORT ON COMPLIANCE WITH THE CATEGROICAL PRETREATMENT STANDARDS WITHIN 90 DAYS OF THE FINAL DATE FOR COMPLIANCE WITH THE CATEGORICAL PRETREATMENT STAND- ARDS, AND PERIODIC REPORTS ON CONTINUED COMPLIANCE IN JUNE AND DECEMBER OF EACH YEAR. S. B. FOOT HAS VIOLATED SECTION 307(D) OF THE CWA BY FAILING TO COMPLY WITH THE CATEGORICAL PRETREATMENT STAN- DARDS FOR SULFIDE, CHROMIUM AND PH. THE RESPONDENT WAS ALSO IN VIOLATION OF SECTION 308(A) OF THE CWA BY FAILING TO SUBMIT A COMPLIANCE REPORT WITHIN 90 DAYS OF NOV. 25, 1985, THE COMPLIANCE DATE OF PRETREATMENT STANDARDS FOR EXISTING SOURCES APPLICABLE TO THE LEATHER TANNING AND FINISHING CATEGORY, FAILING TO SUBMIT AT LEAST BI-ANNUAL COMPLIANCE REPORTS FOR THE YEARS OF 1986 THROUGH 1996, AS REQUIRED, AND FAILING TO MENTION THE SOLID WASTE DISPOSAL FACILITY INTHE BMRS AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL REQUESTING INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. EPA IS SEEKING AN INJUNCTION AGAINST EXCEEDANCES OF CATEGORICAL PRETREATMENT STANDARDS, PENALTIES FOR PAST VIOLATIONS IN- CLUDING ANY ECONOMIC BENEFIT DERIVED, AND A COMPREHENSIVE PLAN INCLUDING A SCHEDULE FOR CONSTRUCTION OF FACILITIES IF NEEDED, FOR THE EXPEDITIOUS ELIMINATION AND PREVENTION OF SUCH NONCOMPLYING DISCHARGES. STIPULATED PENALTIES SHOULD APPLY FOR FUTURE VIOLATION OF THE CWA, AND/OR SCHEDULE FOR COMPLIANCE. THE PROPOSED TOTAL ADMINISTRA- TIVE PENALTY IS $1,586,374. 5. NATIONAL SIGNIFICANT ISSUES: THE APPLICABILITY OF CATE- GORICAL PRETREATMENT STANDARDS TO A FACILITY THAT DIS- CHARGES TO A POTW WHICH DOES NOT HAVE AN NPDES PERMIT COULD BE A NATIONALLY SIGNIFICANT ISSUE.

Defendants (1)

• S.B. FOOT TANNING CO.Named in complaintNamed in settlement

Facilities (1)

• S B FOOT TANNING CO

  HWY 287, CACTUS, TX, 79013

  Registry ID: 110008150614

Statutes cited

• CWA 308A — Clean Water Act
• CWA 307D — Clean Water Act

Enforcement conclusions (1)

• S.B. FOOT TANNING COMPANYentered 2000-06-02

  Primary law: CWA

  Federal penalty: $510,440

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-09Enforcement Action Data Entered
• 1999-10-08Complaint Filed With Court
• 2000-03-22Final Order Lodged
• 2000-06-02Final Order Entered
• 2000-06-02Concluded
• 2005-12-14Enforcement Action Closed