EPA v. US STEEL-GENEVA WORKS

Case summary

STATUTES AND REGULATIONS WHICH ARE BASIS FOR PROPOSED ACTION: -SECTION 301(A) OF THE CLEAN WATER ACT (CWA) 33 U.S.C. 1311(A) -SECTION 309(B) AND (D) OF THE CWA, 33 U.S.C. 1319(B) (D) -SECTION 402 OF THE CWA, 33 U.S.C 1342 -REGULATION SET FORTH IN 40 CFR PART 122 AND 124 THE VIOLATION(S) UPON WHICH THE ACTION IS BASED THE UNITED STATES STEEL CORPORATION - GENEVA WORKS (HERE- INAFTER U.S. STEEL) IS THE HOLDER OF NPDES PERMIT NO. UT-0000361, ISSUED TO THE FACILITY IN SEPTMEBER 1981. THE PERMIT LIMITS THE DAILY AVERAGE AND MAXIMUM MASS DISCHARGE LIMITS FOR AMMONIA- NITROGEN, CYANIDE AND TOTAL SUSPENDED SOLIDS, AMONG OTHER POLLUTANTS. OVER A FIVE MONTH PERIOD (MARCH - JULY 1985), U.S. STEEL EXCEEDED THE LIMITS IN ITS PERMIT FOR THE THREE ABOVE NAMED POLLUTANTS, A TOTAL OF 19 TIMES. THESE EXCEEDANCES CONSTITUTE VIOLATIONS OF ITS NPDES PERMIT AND THEREBY SECTION 301 OF THE CWA. THE ACTIVITY RESPONSIBLE FOR THE PERMIT VIOLATIONS, NOTED ABOVE, HAS NOW CEASED AND THE FACILITY'S DISCHARGE IS ONCE AGAIN IN COMPLIANCE WITH ITS NPDES PERMIT LIMITS. THEREFORE WE ARE NOT SEEKING INJUNCTIVE RELIEF SINCE, IN THE OPINION OF OUR STAFF, NONE IS REQUIRED FOR U.S. STEEL'S CONTINUED COMPLIANCE WITH ITS PERMIT. HOWEVER, WE ARE SEEKING A CIVIL PENALTY CALCULATIONS) AS A DETERRENT TO FUTURE NON-COM- PLIANCE.

Defendants (1)

• UNITED STATES STEELNamed in complaintNamed in settlement

Facilities (1)

• GENEVA STEEL

  10 S. GENEVA RD. BIN 10, VINEYARD, UT, 84058

  Registry ID: 110000468985

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• US STEEL CORPORATIONentered 1988-10-25

  Primary law: CWA

  Federal penalty: $70,000

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-18Referred To Dept Of Justice
• 1986-01-24Referred TO U.S. Attorney
• 1986-02-03Complaint Filed With Court
• 1988-10-25Final Order Lodged
• 1988-10-25Final Order Entered
• 1988-10-25Concluded
• 1988-10-25Enforcement Action Closed