EPA v. HALACO ENGINEERING

Case summary

HALACO ENGINEERING OPERATES A METAL RECYCLING BUSINESS. ITS PRODUCTION PROCESS IS THE SMELTING OF NON-FERROUS METALS FOR RESALE. WASHWATER FROM THE SMELTING PROCESS (CONTAINING DIRT FROM SCRAP METAL AND FLUX SALTS) AND FROM ITS AIR POL- LUTION SCRUBBER EQUIPMENT IS DISCHARGED INTO A SETTLING POND WHICH IS LOCATED ON HALACO'S PROPERTY. THE PLANT AND THE SETTLING POND ARE LOCATED ADJACENT TO THE PACIFIC OCEAN AND ARE SEPARATED ONLY BY SAND DUNES AND THE BEACH. THE AREA WAS ONCE CHARECTERIZED BY EITHER WETLAND VEGETATION OR BY STANDING SURFACE WATER. SEVERAL STATE AGENCIES HAVE MADE ATTEMPTS TO CONTROL THE DISCHARGE FROM THE PLANT TO THE POND AND INTO THE AREA JUST NORTH OF THE POND. THE ARMY CORP OF ENGINEERS ISSUED A CEASE AND DESIST ORDER IN 1977 TO STOP HALACO FROM EXPANDING ITS POND AREA. HALACO FILED SUIT AGAINST THE CORPS FOR DE- CLARATORY AND AN INJUNCTION. THE CORPS THEN RECONSIDERED THE CASE AND DECLARED THAT THE EXPANSION WAS OUT OF ITS LE- GAL JURISDICTION. EPA BEGAN INVESTIGATING HALACO'S DISPOSAL ACTIVITIES AND PARTICIPATING IN INTRA-AGENCY DISCUSSIONS IN EARLY 1980. ON JULY 17, 1980, EPA ISSUED A FINDING OF VIOLATION AND AN ORDER TO APPLY FOR A NPDES PERMIT OR CEASE ALL DISCHARGES INTO THE POND. HALACO THEN FILED A SUIT AGAINST EPA FOR DE- CLARATORY JUDGEMENT AND FOR INJUNCTIVE RELIEF. EPA AND DOJ HAVE ALREADY FILED THE ANSWER AND COUNTER- CLAIM IN THIS ACTION. THE COUNTERCLAIM WAS ORIGINALLY DRAFTED TO INCLUDE BOTH CWA AND RCRA VIOLATIONS; HOWEVER; JUST PRIOR TO FILING, IT WAS DECIDED THAT FURTHER INVESTI- GATION OF THE RCRA CLAIM SHOULD BE UNDERTAKEN BEFORE IT WAS FILED AS A FORMER LEGAL ACTION. THUS THE COUNTERCLAIM AL- LEGES ONLY A VIOLATION OF THE CWA SECTION 301. EPA HAS SINCE CARRIED OUT EXTENSIVE SITE INVESTIGATION TO DETERMINE THE NATURE OF HALACO'S WASTE AND TO DOCUMENT ANY IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE ENVIRONMENT.

Defendants (1)

• HALACO ENGINEERING CO.Named in complaintNamed in settlement

Facilities (1)

• HALACO ENGINEERING INCORPORATED

  6200 PERKINS RD., OXNARD, CA, 93033

  Registry ID: 110000481283

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HALACO ENGINEERING COMPANYentered 1989-04-25

  Primary law: CWA

Timeline (9 milestones)

• 1980-06-18Enforcement Action Data Entered
• 1980-10-09Referred To Headquarters
• 1980-10-20Referred To Dept Of Justice
• 1980-10-21Referred TO U.S. Attorney
• 1980-10-21Complaint Filed With Court
• 1989-04-25Final Order Lodged
• 1989-04-25Final Order Entered
• 1989-04-25Concluded
• 1989-04-25Enforcement Action Closed