EPA v. EAGLE-PICHER INDUSTRIES, JOPLIN, MO

Case summary

SEPTEMBER 9-12, 1986, INSPECTION WAS CONDUCTED BY EPA UNDER THE AUTHORITY OF A WARRANT. MORE RECENTLY, ON FEBRUARY 25, 1987, A SITE INSPECTION WAS CONDUCTED. EAGLE-PICHER ENTERED INTO A STIPULATION AND CONSENT ORDER ON JANUARY 14, 1986, WITH THE MISSOURI CLEAN WATER COMMIS- SION. THIS DOCUMENT EMBODIES THE LATEST ATTEMPT TO RESOLVE EAGLE-PICHER'S COMPLIANCE PROBLEMS. IT REQUIRED EAGLE- PICHER TO CONSTRUCT NECESSARY PRETREATMENT FACILITIES AND TIE INTO THE CITY OF JOPLIN'S WASTEWATER TREATMENT PLANT BY MARCH 31, 1987. EAGLE-PICHER MISSED THE COMPLIANCE DEADLINE. THE LEGAL STATUS OF A STATE ORDER WHICH PURPORTS TO REPLACE A NPDES PERMIT ISSUED PURSUANT TO EPA REQUIREMENTS GIVEN THE FACT THAT THE ORDER WAS NOT SUBJECT TO PUBLIC PARTICIPATION, AND EPA WAS NOT GIVEN THE OPPORTUNITY TO REVIEW. THE DECISION WAS MADE TO INITIATE ENFORCEMENT PROCEEDINGS ON THE BASIS OF SEVERAL RECENT INSPECTION REPORTS, INCLUDING THE REPORT OF SEPTEMBER 9-12, 1986, INSPECTION. INFORMATION FROM DISCHARGE MONITORING REPORTS WAS ALSO A FACTOR IN THIS DECISION. NUMEROUS VIOLATIONS OF NPDES LIMITS. REMEDIES/RELIEF SOUGHT:

Defendants (1)

• EAGLE-PICHER INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• EAGLE PICHER TECHNOLOGIES L.L.C. CHEMICALS DEPARTMENT

  1215 WEST C STREET, JOPLIN, MO, 64802

  Registry ID: 110000545642

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• EAGLE-PICHER INDUSTRIES, INC.entered 1990-09-28

  Primary law: CWA

  Federal penalty: $1,500,000

Timeline (7 milestones)

• 1986-11-01Enforcement Action Data Entered
• 1987-06-17Referred To Dept Of Justice
• 1987-10-16Complaint Filed With Court
• 1990-09-28Final Order Lodged
• 1990-09-28Final Order Entered
• 1990-09-28Concluded
• 1995-01-25Enforcement Action Closed