EPA v. CLARK EQUIPMENT COMPANY DBA MELROE COMPANY

Case summary

THIS CIVIL ACTION IS TAKEN AGAINST CLARK EQUIPMENT COMPANY DBA MELROE COMPANY LOCATED AT: MAIN STREET 210 1ST AVENUE NE, GWINNER, ND 58040. THE GWINNER PLANT MANUFACTURES FARM AND HEAVY EQUIPMENT, INCLUDING THE WELL KNOWN BOBCAT . IN OPERATING THE FACILITY, CLARK VIOLATED SECTIONS OF THE CLEAN WATER ACT WHICH PROHIBIT THE DISCHARGE OF POLLUTANTS INTO A POTW IN VIOLATION OF PRETREATMENT STANDARDS. SPECIFICALLY, CLARK DISCHARGED ZINC TO THE CITY'S WASTEWATER TREATMENT SYSTEM EXCEEDING THE MONTHLY AVERAGE FOR OCTOBER AND NOVEMBER 1992 AND EXCEEDING THE DAILY MAXIMUM IN NOVEMBER 1992. CLARK DISCHARGED LEAD TO THE WSTEWATER TREATMENT SYSTEM EXCEEDING THE MONTHLY AVERAGE IN NOVEMBER 1992; AND, DISCHARGED COPPER INTO THE WASTEWATER TREATMENT SYSTEM EXCEEDING THE MONTHLY AVERAGE IN NOVEMBER 1992. CLARK FAILED FOR A PERIOD OF APPROXIMATELY 8 YEARS TO SUBMIT ITS BASELINE MONITORING REPORT, FAILED FOR A PERIOD OF 6 YEARS TO SAMPLE ITS DISCHARGE AND SUBMIT PERIODIC REPORTS ON CONTINUING COMPLIANCE. THE STATUTE OF LIMITATIONS LIMITS PENALTY ASSESSMENT TO THE PAST 5 YEARS; HENCE THE PERIOD OF NON-COMPLIANCE CONSIDERED FOR PENALTY CALCULATION IS JUNE 1988 TO JUNE 1993. CLARK'S FAILURE TO SUBMIT A BASELINE MONITORING REPORT, A 90-DAY COMPLIANCE REPORT, AND PERIODIC COMPLIANCE REPORTS FOR THE FACILITY BY THE REQUIRED SUBMISSION DATE DATE, GIVES RISE TO ANOTHER 10 VIOLATIONS. THE TOTAL NUMBER OF DAYS OF VIOLATIONS FOR THE FACILITY IS 23,681: 122 OF THOSE DAYS ARE FOR EFFLUENT VIOLATIONS; AND 23,559 ARE FOR REPORTING VIOLATIONS. CLARK'S VIOLATIONS ARE CONTINUING, THEREFORE INJUNCTIVE RELIEF MAY BE NECESSARY. EPA PROPOSES A MINIMUM CIVIL PENALTY SETTLEMENT AMOUNT OF $631,000 AND RECOMMENDS AN INITIAL SETTLEMENT DEMAND OF $750,000 FOR THE VIOLATIONS SUMMARIZED ABOVE. THE 122 DAYS OF EFFLUENT VIOLATIONS AND 23,559 DAYS OF REPORTING VIOLATIONS AT THE FACILITY GIVE RISE TO A STATUTORY MAXIMUM PENALTY OF $592,025 UNDER THE CLEAN WATER ACT.

Defendants (1)

• CLARK EQUIPMENT COMPANY DBA MELROE CO.Named in complaintNamed in settlement

Facilities (2)

• CLARK EQUIPMENT CO (MELROE)

  210 FIRST AVENUE NORTHEAST, GWINNER, ND, 58040

  Registry ID: 110012478764

• CLARK EQUIPMENT CO (MELROE)

  210 FIRST AVENUE NORTHEAST, GWINNER, ND, 58040

  Registry ID: 110012478764

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• CLARK EQUIPMENT CO. DBA MELROEentered 1996-06-14

  Primary law: CWA

  Federal penalty: $250,000

Timeline (6 milestones)

• 1993-01-01Enforcement Action Data Entered
• 1993-03-25Referred To Dept Of Justice
• 1994-02-01Complaint Filed With Court
• 1996-06-14Final Order Lodged
• 1996-06-14Final Order Entered
• 1996-06-14Concluded