EPA v. ELF ATOCHEM NORTH AMERICA, INC., A PENNSYLVANIA CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ELF ATOCHEM NORTH AMERICA, INC., A PENNSYLVANIA CORP. 2052 GULF STATES ROAD BEAUMONT, JEFFERSON COUNTY, TEXAS 77704 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, 2) FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY IN ORDER TO ACHIEVE COMPLIANCE WITH OTHER CONDITIONS OF THE PERMIT, AND AL- LOWING AN UNSPECIFIED AMOUNT OF WASTEWATER BYPASS TO OC- CUR. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERS THE RESPONDENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS, AND C) IF PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COM- PREHENSIVE PLAN FOR ELIMINATION AND PREVENTION OF VIOLA- TIONS IN THE SHORTEST TIME POSSIBLE.

Defendants (1)

• ELF ATOCHEM NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• ATOFINA CHEMICALS INCORPORATED

  2810 GULF STATES ROAD, BEAUMONT, TX, 777011427

  Registry ID: 110000464168

• ATOFINA CHEMICALS INCORPORATED

  2810 GULF STATES ROAD, BEAUMONT, TX, 777011427

  Registry ID: 110000464168

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ELF ATOCHEM NORTH AMERICA, INC.entered 1998-03-20

  Primary law: CWA

Timeline (4 milestones)

• 1998-03-20Complaint Filed/Proposed Order
• 1998-03-20Final Order Issued
• 1998-04-06Enforcement Action Data Entered
• 2002-11-27Enforcement Action Closed