THIS IS A MULTI-MEDIA ACTION INVOLVING CWA, CAA, AND RCRA. THE VIOLATIONS INVOLVE PERMIT EXCEEDENCES, DISCHARGING W/OUT A PERMIT, AND VARIOUS REGULATORY VIOLATIONS. KOPPERS INDUSTRIES, INC., IS A CORPORATION; IT IS A COKE PLANT IN DOLOMITE, AL. THIS IS PRIMARILY A CASE FOR PENALTIES; THE PLANT IS VOLUNTARILY BEING CLOSED AND ONLY MINOR INJUNCTIVE RELIEF MAY BE NECESSARY. THIS CASE WAS ORIGINALLY PART OF A NESS INVESTIGATION; A CITIZEN SUIT WAS FILED IN FEDERAL COURT AGAINST THE DEFENDANT SO THIS FACILITY WAS SEPARATED OUT AND REFERRED INDIVIDUALLY. STATUTES INVOLVED ARE: CAA, CWA, RCRA, AND OPA. THE CWA VIOLATIONS INCLUDE 671 EFFLUENT VIOLATIONS (INCLUDING EXCEEDENCES OF NH3-H, CYANIDE, PHENOLS, AND BENZO(A)PYRENE), 18 REPORTING VIOLATIONS, 42 NPDES PERMIT CONDITIONS VIOLATIONS, AND NUMEROUS NPDES STORMWATER VIOLATIONS, RESULTING IN A STATUTORY MAXIMUM PENALTY OF $19,800,000. THE CAA VIOLATIONS INCLUDE FAILURE TO OPERATE A GAS BLANKETING SYSTEM USED TO CONTROL BENZENE EMISSIONS AND NUMEROUS MONITORING AND REPORTING REQUIREMENTS.
THE RCRA VIOLATIONS INCLUDE FAILURE TO STORE USED OIL IN CONTAINERS AND TANKS THAT ARE IN GOOD CONDITION WITH NO SEVERE RUSTING, APPARENT STRUCTURAL DEFECTS OR DETERIORATION (40 CFR 279.22(B)(1); FAILURE TO STORE USED OIL IN CONTAINERS AND ABOVE-GROUND TANKS THAT ARE LABELED OR MARKED CLEARLY WITH THE WORDS USED OIL. (40 CFR 279.22(C)(1); FAILURE TO HAVE AN ARTIFICIAL OR NATURAL BAR