EPA v. VISION METAL F.K.A QUANEX CORPORATION

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. VISION METAL F.K.A. QUANEX CORP. - GULF STATES TUBE DIV. P.O. BOX 952 ROSENBERG, FORT BEND COUNTY, TEXAS 77471 3. QUANEX IS A MAJOR INDUSTRIAL FACILITY WHICH MANUFACTURES STEEL TUBES BY THE PROCESS OF HOT EXTRUSION, COLD DRAWING AND WELDING. THE FACILITY DISCHARGES INTO COUNTY DRAINAGE DITCHES WHICH CONNECT TO AN UNNAMED TRIBUTARY, COON CREEK, BIG CREEK, AND THEN TO THE BRAZOS RIVER. THE RESPONDENT WAS IN VIOLATION OF SECTIONS 301(A) AND 402(A) OF THE CWA BY EXCEEDING THE EFFLUENT LIMITS OF ITS PERMIT ON NUNEROUS OCASSIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING THE FILING OF A CIVIL JUDICIAL ENFORCEMENT ACTION AGAINST QUANEX. EPA IS SEEKING BOTH CIVIL PENALTIES AND INJUNCTIVE RELIEF TO BRING THE FACILITY BACK INTO COMPLIANCE WITH ITS NPDES PERMIT AND DETER THE FACILITY FROM FURTHER VIOLATIONS. THE FACILITY MUST DETERMINE THE SPECIFIC CAUSE OF THE ZINC VIOLATIONS AND TAKE NECESSARY STEPS TO ELIMINATE THEM. IN ADDITION, QUANEX MUST PROPERLY OPERATE AND MAIN- TAIN ITS TREATMENT FACILITIES TO ENSURE REGULAR COMPLI- ANCE WITH ALL PERMIT LIMITS. FURTHER, A CIVIL PENALTY WILL BE SOUGHT WHICH WILL TAKE INTO CONSIDERATION THE ECONOMIC BENEFIT OF NOT DOING WHAT WAS NECESSARY TO COM- PLY WITH THE PERMIT LIMITS AND ADDING A GRAVITY COMPONENT BASED ON SEVERITY AND LENGTH OF THE PAST VIOLATIONS. RE- CALCITRANCE, LITIGATION CONSIDERATIONS, AND ABILITY TO PAY MAY ALSO IMPACT THE PENALTY CALCULATION. 5. THIS FACILITY SEEMS TO HAVE GENERALLY BEEN IN COMPLIANCE WITH ITS PERMIT PRIOR TO RECEIVING AN EPA LETTER IN 1996, NOTIFYING QUANEX THAT THEY HAD BEEN SELECTED FOR A PILOT PROJECT WHICH WOULD MEAN REDUCED DAY-TO-DAY OVERSIGHT. THE LETTER CLEARLY NOTED THAT PARTICIPATION IN THE PRO- GRAM DID NOT RELIEVE QUANEX OF ITS RESPONSIBILITY TO COM- PLY WITH ANY REQUIREMENT OF THE CWA OR ANY OTHER REQUIRE- MENTS OF A PERMIT ISSUED THEREUNDER, NOR WAS IT A WAIVER BY EPA OF ITS RIGHT TO ENFORCE COMPLIANCE WITH ANY CWA REQUIREMENT OR PERMIT.

Defendants (1)

• VISION METAL F.K.A. QUANEX CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• VISION METALS GULF STATES TUBE DIVISION

  SCOTT RD. AT SPUR 529, ROSENBERG, TX, 774710952

  Registry ID: 110000462516

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• QUANEX CORPORATION AND VISION METALS, INC.entered 1999-08-02

  Primary law: CWA

  Federal penalty: $525,328

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-09Enforcement Action Data Entered
• 1999-05-26Final Order Lodged
• 1999-05-26Complaint Filed With Court
• 1999-08-02Final Order Entered
• 1999-08-02Concluded
• 1999-08-02Enforcement Action Closed