EPA v. MODINE MANUFACTURING COMPANY

Case summary

MODINE MANUFACTURING COMPANY OWNS AND OPERATES A NUMBER OF RADIATOR AND OIL COOLER MANUFACTURING FACILITIES NATIONWIDE WHICH DISCHARGE WASTEWATER TO POTW'S. THE WHITTIER FACILITY IS ONE OF SEVERAL FACILITIES THAT WAS NOT IN COMPLIANCE WITH THE ELECTROPLATING STANDARDS WHICH COMPLIANCE DATE WAS JUNE 30, 1984. THE WHITTIER FACILITY PERFORMS A NUMBER OF DIFFERENT TYPES OF INDUSTRIAL OPERATIONS INCLUDING CLEANING, SOLDERING, PAINTING, AND BRIGHT DIPPING. WASTEWATERS FROM THE VARIOUS OPERATIONS ARE COLLECTED AND TREATED BY A LIME PRECIPITATION SYSTEM BEFORE DISCHARGE TO THE POTW. THE COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY HAS AN APPROVED PRETREAT- MENT PROGRAM AND IS THEREFORE THE CONTROL AUTHORITY. HOWEVER, MODINE HAS FILED A COURT CASE CHALLENGING A CATE- GORY DETERMINATION MADE BY THE REGION WHICH FOUND THAT MODINE'S WHITTIER FACILITY WAS SUBJECT TO BOTH THE ELECTRO- PLATING AND METAL FINISHING STANDARDS. IT IS, THEREFORE, APPROPRIATE THAT THE REGION TAKE DIRECT ENFORCEMENT ACTION AGAINST MODINE TO COMPEL COMPLIANCE. THE REGION HAS COORDI- NATED THIS ACTION WITH BOTH THE LACSD AND THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD. MODINE SUBMITTED A METAL FINISHING BASELINE MONITORING REPORT WITHIN THE REQUIRED 180 DAYS FOLLOWING THE CATEGORY DETERMINATION, BUT REFUSED TO SUBMIT A COMPLIANCE SCHEDULE AS REQUIRED BY 40 CFR 403.13(B)(7) AND (C). DATA SUBMITTED IN THE BMR INDICATES THE FACILITY HAS BEEN IN NON-COMPLIANCE WITH CERTAIN HEAVY METALS LIMITATIONS: COPPER, LEAD, AND ZINC. THEY REFUSED TO SUBMIT A BASELINE MONITORING REPORT FOR ELECTROPLATING. MODINE NOW CONTENDS THAT IT HAS CEASED BRIGHT DIPPING AT ITS WHITTIER FACILITY. COPPER, LEAD, AND ZINC ARE ALL TOXIC POLLUTANTS AS DEFINED IN SECTION 307(A) OF THE CLEAN WATER ACT, 33 U.S.C. 1317(A). DISCHARGES OF THESE POLLUTANTS, COUPLED WITH THE INABILITY OF THE LACSD POTW TO REMOVE THEM ON A CONSISTENT BASIS, COULD CREATE A SUBSTANTIAL THREAT TO PUBLIC HEALTH AND THE ENVIRONMENT. MOREOVER, MODINE HAS BEEN LESS THAN DILIGENT IN ATTEMPTING TO COME INTO COMPLIANCE WITH LOCAL STANDARDS PROMULGATED BY LACSD. IT IS, THEREFORE, NECESSARY TO OBTAIN A JUDICIALLY ENFORCEABLE ORDER COMPELLING MODINE TO ACHIEVE COMPLIANCE WITH THE LACSD LOCAL STANDARDS AS EXPEDITIOUSLY AS POSSIBLE, AS WELL AS TO IMPOSE SUBSTANTIAL CIVIL PENALTIES FOR MODINE'S PREVIOUS NON-COMPLIANCE.

Defendants (1)

• MODINE MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MODINE MFG CO

  12252 E WHITTIER BLVD, WHITTIER, CA, 90602

  Registry ID: 110002632456

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• MODINE MANUFACTURING COMPANYentered 1987-08-24

  Primary law: CWA

  Federal penalty: $34,000

Timeline (7 milestones)

• 1986-03-28Referred To Headquarters
• 1986-05-16Referred To Dept Of Justice
• 1987-06-19Complaint Filed With Court
• 1987-08-24Final Order Lodged
• 1987-08-24Final Order Entered
• 1987-08-24Concluded
• 1987-09-09Enforcement Action Closed