EPA v. DELTECH CORPORATION

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. DELTECH CORPORATION 11911 SCENIC HIGHWAY BATON ROUGE, EAST BATON ROUGE, LOUISIANA 70807 3. DELTECNCORP. OPERATES A FACILITY IN EAST BATON ROUGE PAR- ISH IN LOUISIANA. THE FACILITY MANUFACTURES VINYL TYPE MONOMERS, DIISOPROPENYLBENZENE, DIVINYLBENZENE, VINYL TOLUENE, AND MONOCHLOROACETIC ACID, WITH VINYLBENZENE (STYRENE) BEING THE MAJOR PRODUCT. THIS FACILITY IS REGU- LATED BY THE ORGANIC CHEMICALS, PLASTICS AND SYNTHETIC FIBERS EFFLUENT CATEGORY. DELTECH DISCHARGES TO THE MISSISSIPPI RIVER VIA THE BATON ROUGE HARBOR CANAL. A SERIES OF WARNING LETTERS AND ADMINISTRATIVE COMPLAINTS FILED BY EPA REGION 6 OVER THE LAST TEN YEARS HAVE FAILED TO BRING THE FACILITY INTO COMPLIANCE WITH ITS NPDES PER- MIT. THE VIOLATIONS OF THIS ACTION IS BASED ON THE EXCEEDANCE OF THE EFFLUENT LIMITS FOR BOD, DO, PH, TSS, AND ETHYL BENZENE OF ITS PERMIT ON NUMEROUS OCASSIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INITIATION OF A CIVIL ACTION AGAINST THE RESPONDENT. EPA SEEKS PEN- ALTIES AND INJUNCTIVE RELIEF IN ORDER THAT THE FACILITY MAY COME INTO COMPLIANCE WITH ITS NPDES PERMIT AND DETER THE FACILITY FROM FURTHER VIOLATIONS. THE FACILITY MUST INSTALL THE NECESSARY EQUIPMENT TO COMPLY WITH ITS TSS LIMITS FOR WHICH IT IS CHRONICALLY OUT OF COMPLIANCE. IN ADDITION IT MUST PROPERLY OPERATE AND MAINTAIN ITS TREAT- MENT FACILITIES TO ENSURE REGULAR COMPLIANCE WITH ALL ITS PERMIT LIMITS. IN ADDITION A CIVIL PENALTY WILL BE SOUGHT WHICH WILL TAKE INTO CONSIDERATION THE ECONOMIC BENEFIT OF NOT DOING WHAT WAS NECESSARY TO COMPLY WITH THE PERMIT LIMITS. 5. SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: THE FACILITY DISCHARGES TO THE MISSISSIPPI RIVER VIA A CANAL. THIS WOULD MAKE THEM ELIGIBLE TO BE PART OF THE MISS- ISSIPPI RIVER INITIATIVE.

Defendants (1)

• DELTECH CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• DELTECH CORPORATION

  11911 SCENIC HIGHWAY, BATON ROUGE, LA, 70807

  Registry ID: 110000450002

• DELTECH CORPORATION

  11911 SCENIC HIGHWAY, BATON ROUGE, LA, 70807

  Registry ID: 110000450002

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• DELTECH CORPORATIONentered 2002-05-09

  Primary law: CWA

  Federal penalty: $120,000 · SEP: $50,000

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-09Enforcement Action Data Entered
• 2002-01-31Final Order Lodged
• 2002-01-31Complaint Filed With Court
• 2002-05-09Final Order Entered
• 2002-05-09Concluded
• 2006-10-12Demand for Stipulated Penalties