EPA v. BIOKYOWA, INC., CAPE GIRARDEAU, MO

Case summary

VIOLATIONS OF CWA NPDES REGULATIONS. BIOKYOWA STARTED UP A FACILITY IN CAPE GIRARDEAU, MISSOURI, IN MID-1984. IT MANUFACTURES L-LYSINE, AN ANIMAL FEED SUP- PLEMENT. THE FACILITY HAS NEVER ACHIEVED CONSISTENT COMPLI- ANCE WITH ITS NPDES PERMIT AND, IN FACT, IS GETTING WORSE MDNR IS TO ISSUE A NEW PERMIT WHICH, IN ALL PROBABILITY, WILL BE MORE STRINGENT BECAUSE OF WATER QUALITY STANDARDS. THERE HAVE BEEN REPORTED FISH KILLS DOWNSTREAM OF BIOKYOWA'S DISCHARGE (WHICH CONTAINS AMMONIA, WHICH IS NOT LIMITED BY THE EXISTING NPDES PERMIT), BUT BIOKYOWA'S DISCHARGE HAS NEVER BEEN DETERMINED TO BE THE CAUSE OF THE FISH KILLS. BIOKYOWA IS THE OPERATOR OF THE MANUFACTURING FACILITY AND THE OWNER AND OPERATOR OF THE WASTEWATER TREATMENT PLANT BUT PERMITS (INCLUDING THE NPDES PERMIT), LICENSES AND CON- TRACTS WERE ASSIGNED TO THE TRUST COMPANY FOR USL, INC. FOR TAX PURPOSES. REMEDIES/RELIEF SOUGHT: COMPLY WITH NPDES PERMIT OR CEASE ALL DISCHARGES.

Defendants (1)

• BIOKYOWA, INC.Named in complaintNamed in settlement

Facilities (1)

• BIOKYOWA INCORPORATED

  975 NASH ROAD, CAPE GIRARDEAU, MO, 63701

  Registry ID: 110003950822

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BIOKYOWA, INC.entered 1988-05-13

  Primary law: CWA

  Federal penalty: $170,000

Timeline (9 milestones)

• 1986-06-27Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1986-11-03Returned To Region
• 1987-03-27Rereferred
• 1988-03-09Complaint Filed With Court
• 1988-05-13Final Order Lodged
• 1988-05-13Final Order Entered
• 1988-05-13Concluded
• 1988-09-07Enforcement Action Closed