# Messer, LLC
> **Judicial** · FY2022 · — · Final Order With Penalty
## Case
- **Activity ID:** `3603721833`
- **Case Number:** 03-2022-7013
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- Messer, LLC (complaint) (settlement)
## Summary

On September 11, 2023, a consent decree between plaintiffs (U.S and WVDEP) and defendant Messer, LLC, was entered by federal district court in WV. The CD settles Clean Water Act claims for NPDES permit limit exceedances from Messer's New Cumberland, WV, air products facility. EPA and WVDEP cited the company for violating CWA Section 402(b) and parallel state law by chronic, ongoing exceedances of NPDES permit discharge limits of several pollutants, including copper, aluminum, iron, residual chlorine and phenolics. Messer has agreed to pay a $1.9 million civil penalty for past violations, and to take various actions to address ongoing violations and prevent future violations. Among other things, the company is required to operate a cooper specific treatment system and implement enhanced stormwater compliance actions. The facility was not identified to be in a potential EJ area of concern.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*