EPA v. WESTERN DAIRYMEN COOPERATIVE INC

Case summary

NATURE OF THE CASE: THE DEF IN THIS CASE IS WESTERN DAIRYMEN COOP, INC. (WDCI). WDCI IS A NE COOP ASSOCIATION WHICH OWNS & OPER- ATES A DAIRY PRODUCTS PROCESSING PLANT LOCATED NEAR RICHMAN, UTAH. THIS REFERRAL SEEKS A CIVIL ACTION PUR- SUANT TO SEC 309(B) & (D) OF THE CWA, 33 USC SEC 1319(B) & (D). THE STATE OF UTAH IS ALSO PROCEEDING AGAINST WDCI IN AN ENFORCEMENT ACTION BASED ON STATE LAW. CAUSE OF ACTION: WDCI'S PLANT PROCESSES MILK & MAKES VARIOUS DAIRY PRODUCTS INCLUDING CHEESE. THE PLANT DISCHARGED WASTE WATER WHICH CONTAINS WASTE PRODUCTS INCLUDING OCCASION- ALLY HIGH CONCENTRATIONS OF WHEY. WDCI HAS AN NPDES PER- MIT COVERING THE DISCHARGES FROM THE PLANT. VIOL'S OF THIS PERMIT IN 1974 LED TO THE ENTRY OF A CD, 9/24/75 & COL- LECTION OF $15K IN CIVIL PLTY'S. ON 4/8/81, THIS PERMIT WAS REISSUED W/, AMONG OTHER THINGS, EFFLUENT LIMITATIONS BASED ON THE BEST PRACTICABLE WASTE TREATMENT(BPT) STAND- ARDS OF 40 CFR PART 405. IN 11/81 & 1/82, WDCI AGAIN VIOL'D THEIR NPDES PERMIT BY DISCHARGING POLLUNANTS IN CONCENTRATIONS BEYOND THOSE ALLOWED BY THEIR BPT EFFLUENT LIMITATIONS, FAILING TO NOTIFY EPA OF THOSE DISCHARGES W/IN THE TIME REQUIRED, FAILING TO NOTIFY EPA OF PRODUC- TION INCREASES AS REQUIRED, & FAILING TO MEET OPERATION & MAINTENANCE REQUIREMENTS. C.A.N. NC-75-27. PROPOSED REMEDY: EPA SEEKS A CIVIL ACTION UNDER SEC 309(B) & (D) OF THE CWA. EPA & WDCI HAVE AGREED IN CONCEPT TO A CD BUT HAVE NOT YET DISCUSSED THE CIVIL PLTY ISSUE. THE PROPOSED STIPULATION OF STTLMNT CONTAINS THE FOLLOWING REQUIREMENT 1. STIPULATED PLTY'S FOR UNAUTHORIZED OR VIOL'ING DIS- CHARGES FROM WDCI PROPERTY. 2. STIPULATED PLTY'S FOR FAILURE TO COMPLY W/PARAGRAPHS 3, 4, 5, 6 & 7 LISTED BELOW. 3. INSTALLATION OF A MONITORING & RECORDING SYSTEM TO MONITOR THE QUALITY OF WASTEWATER DELIVERED BY WDCI TO AN ADJOINING IRRIGATION DISTRICT. 4. INSTALLATION OF A ALARM SYSTEM THAT WILL AUTOMATIC- ALLY SHUT OFF THE WASTEWATER GOING TO THE FARMERS IF THE WASTEWATER IS UNSUITABLE FOR IRRIGATION PURPOSES 5. SUBMITTAL OF A CONTINGENCY PLAN TO BE EFFECTED BY WDCI IF THE EVENTS DESCRIBED IN PARAGRAPH 4 SHOULD OCCUR. 6. SUBMITTAL OF PLAN & SCHED TO MEET BCT EFFLUENT STAN- DARDS AT OUTFALL 002. 7. DISCONNECTIONS OF WHEY LINES THAT DISCHARGES JUST PRIOR TO OUTFALL 001. 8. CIVIL PLTY OF $10K. APPLICATION OF EPA'S CIVIL PLTY POLICY OF 7/8/80, ESTAB- LISHED $48,900 AS THE MINIMUM ACCEPTABLE STTLMNT, HOWEVER , BASED ON WDCI'S RECENT COOPERATION, EPA REGN 8 IS WILL- ING TO STTL FOR A MINUMUM OF $10K IN PLTY'S. WDCI HAS SUBMITTED A PROPOSAL FOR CONTROLLING THE POLLUTION WHICH EPA FEELS MAY SOLVE THE PROBLEM. HOWEVER, WE DO HAVE SOME RESERVATIONS CONCERNING THE CO'S PROPOSAL THAT ARE DISCUSSED IN THE LITIGATION REPORT & RESOLVED IN THE STIPULATION.

Defendants (1)

• WESTERN DAIRYMEN CORP. INC.Named in complaintNamed in settlement

Facilities (1)

• WESTERN DAIRYMAN COOP INC

  63 S 5 W, RICHMOND, UT, 84333

  Registry ID: 110010686445

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• WESTERN DAIRYMEN COOPERATIVEentered 1984-02-03

  Primary law: CWA

  Federal penalty: $13,000

Timeline (8 milestones)

• 1982-09-30Referred To Headquarters
• 1982-11-23Referred To Dept Of Justice
• 1983-10-18Referred TO U.S. Attorney
• 1983-10-31Complaint Filed With Court
• 1984-02-03Concluded
• 1984-02-03Final Order Lodged
• 1984-02-03Final Order Entered
• 1987-02-03Enforcement Action Closed