EPA v. LOCKHEED CORPORATION

Case summary

LOCKHEED AIRCRAFT SERVICE COMPANY ( LOCKHEED ONTARIO ) CONSISTENTLY VIOLATED FEDERAL CATEGORICAL PRETREATMENT STANDARDS (40 C.F.R. PART 433) FOR TOTOL TOXIC ORGANICS, AND OCCASIONALLY FOR CHROMIUM AND CADMIUM, UNTIL START-UP OF AN ORGANIC DESTRUCTION UNITL ON JULY 1, 1988. (LOCKHEED ONTARIO ALSO VIOLATED LOCAL PRETREATMENT LIMITS, BUT THOSE VIOLATIONS ARE NOT INCLUDED IN THE PROPOSED COMPLAINT BECAUSE THE LIMITS IN EFFECT DURING THE PERIOD OF VIOLATION WERE NOT ENFORCEABLE. THE CITY OF ONTARIO HAS SINCE ADOPTED ENFORCEABLE LIMITS). THE DATA CURRENTLY AVAILABLE INDICATES THAT VIOLATIONS, PRIMARILY OF THE TOTAL TOXIC ORGANICS STANDARD, WERE ONGOING BETWEEN MARCH, 1986, AND JULY 1, 1988. EPA WILL SEEK ADDITIONAL DATA TO SHOW EARLIER VIOLATIONS, SINCE LOCKHEED HAS REPRESENTED TO EPA THAT COMPLIANCE WITH THE APPLICABLE STANDARD WAS NEVER ACHIEVED UNTIL COMPLETION OF A WASTEWATER TREATMENT UNIT ON JULY 1, 1988. LOCKHEED ALSO VIOLATED AN EPA SECTION 309(A) ADMINISTRATIVE COMPLIANCE ORDER ISSUED SEPTEMBER 9, 1988, BY FAILING TO MONITOR ONE POLLUTANT (OUT OF TEN) FOR SIX MONTHS, AS REQUIRED BY THE ORDER. THIS IS NOT A CONTINUING VIOLATION, BECAUSE REQUIREMENT DID NOT EXTEND BEYOND FEBRUARY 28, 1989. THE REGION SEEKS A CIVIL PENALTY OF $300,000. THE STATUTORY MAXIMUM IS $300,000, AND THE ECONOMIC BENEFIT IS $283,000. SPECIFIC INJUNCTIVE RELIEF WILL NOT BE NECESSARY SINCE LOCKHEED ONTARIO HAS BEEN IN COMPLIANCE WITH APPLICABLE STANDARDS SINCE JULY 1, 1988.

Defendants (1)

• LOCKHEED CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LOCKHEED MARTIN SKUNK WORKS ONTARIO

  1800 EAST AIRPORT DRIVE, ONTARIO, CA, 91761-33

  Registry ID: 110002333500

Statutes cited

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

Enforcement conclusions (1)

• LOCKHEED CORPORATIONentered 1991-04-22

  Primary law: CWA

  Federal penalty: $300,000

Timeline (9 milestones)

• 1988-06-08Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1990-01-08Returned To Region
• 1990-04-30Rereferred
• 1991-04-05Complaint Filed With Court
• 1991-04-22Final Order Lodged
• 1991-04-22Final Order Entered
• 1991-04-22Concluded
• 1991-05-17Enforcement Action Closed