EPA v. TURTLE MOUNTAIN MANUFACTURING CORPORATION

Case summary

PERTAINING TO THE CWA VIOLATIONS: TURTLE MOUNTAIN MANUFACTURING'S VIOLATIONS INCLUDE NUMEROUS EFFLUENT VIOLATIONS OF PRETREATMENT STANDARDS FOR EXISTING SOURCES. SPECIFIC VIOLATIONS ALLEGED IN THIS REFERRAL ARE EXCEEDING MONTHLY AVERAGE LIMITS FOR CADMIUM, CHROMIUM, LEAD AND ZINC. TMMC FAILED TO COLLECT SAMPLES FOR ALL THE REQUIRED PARAMETERS IN THE PRETREATMENT REGULATIONS, SPECIFICALLY OMITTING TOTAL TOXIC ORGANICS AND PH. THE PROPOSED PENALTY FOR THE CWA PORTION OF THIS REFERRAL IS $396,000. -- THE RCRA VIOLATIONS ALLEGED IN THIS REFERRAL CONSIST OF: TMMC FAILED TO PROPERLY CHARACTERIZE WASTE GENERATED AT THE FACILITY, STORED HAZARDOUS WASTE IN EXCESS OF REGULATORY TIME LIMITS, FAILED TO PROPERLY MANAGE HAZARDOUS WASTE STORAGE CONTAINERS, FAILED TO PROPERLY COMPLETE MANIFESTS AND LAND DISPOSAL RESTRICTION CERTIFICATIONS, FAILED TO IMPLEMENT REQUIRED HAZARDOUS WASTE MANAGEMENT WORKER TRAINING, AND FAILED TO COMPLETE REQUIRED CONTINGENCY AND PREPAREDNESS PLANS. THE PENALTY FOR THE RCRA PORTION OF THE REFERRAL IS: $533,705. TOTAL PENALTY ASSESSED: $929,705.

Defendants (1)

• TURTLE MOUNTAIN MANUFACTURING CORP.Named in complaintNamed in settlement

Facilities (2)

• TURTLE MOUNTAIN MANUFACTURING COMPANY

  HIGHWAY 5 WEST, BELCOURT, ND, 583160770

  Registry ID: 110000913021

• TURTLE MOUNTAIN MANUFACTURING COMPANY

  HIGHWAY 5 WEST, BELCOURT, ND, 583160770

  Registry ID: 110000913021

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• TURTLE MOUNTAIN MANUFACTURINGentered 2001-01-24

  Primary law: CWA

  Federal penalty: $100,000

Timeline (6 milestones)

• 1998-09-29Referred To Dept Of Justice
• 1998-10-05Enforcement Action Data Entered
• 2000-11-27Complaint Filed With Court
• 2000-12-08Final Order Lodged
• 2001-01-24Final Order Entered
• 2006-04-21Demand for Stipulated Penalties