Report: National Environmental Law Center
Winter 2006
Offices in Boston, Seattle and San Francisco
Vol. 12, No. 2
NELC Challenges Pacific Surimi’s Discharge Permit

Here are the details of the settlement in the case against Bradford Dyeing Assocication, Inc. (BDA). NELC resolved the case in November (see our top story).

Clean Water Act:
1. Plant Upgrades:
(a) Outside consultant will study wastewater treatment system, improve operation, and recommend upgrades. Approximate cost of studies: $60,000.
(b) Possible upgrades: separate septic system to address fecal coliform violations, more frequent sludge removal to remove heavy metals.

2. Compliance:
(a) Monthly compliance reports to plaintiffs.
(b) BDA must comply with all permit limits, and pay substantial automatic penalties for future violations—for each daily violation, for each monthly average violation, for each toxicity violation—until nine consecutive months of compliance are achieved for each pollutant.

Clean Air Act
1. Plant Upgrades:
(a) Opacity: Re-tool boilers and retrain personnel to reduce particulates (soot) from main smokestack. Approximate cost: $50,000.
(b) Opacity & Odor: Install “smoke abater” device to reduce particulates and burning plastic odor from textile finishing processes. Approximate cost: $200,000.
(c) Odor: Increase height and exit velocity of exhaust stacks to improve dispersion of acetic acid fumes. Approximate cost: $50,000.
(d) Odor: Improve management of sludge ponds to reduce raw sewage odors.

2. Compliance:
(a) Monthly compliance reports to plaintiffs.
(b) Main stack: BDA must achieve 98.5 percent or greater round-the-clock compliance with opacity limit. Roof stacks: BDA must achieve 100 percent compliance with opacity limit during all unannounced visits by independent monitoring consultant.
(c) Substantial automatic penalties for future violations—for each opacity violation, for each odor violation—until nine consecutive months of compliance are achieved for each stack.
(d) Plaintiffs retain right to go into court to enforce odor limitations if plant upgrades are ineffective.

Additional Payments:
BDA must pay financial sanctions for past and future violations, as follows:
$75,000 (plus any stipulated penalties) to establish Bradford Area Environmental Fund, for environmental projects to benefit local air quality and/or the Pawcatuck River watershed.

At least $75,000 toward new air pollution controls to reduce emissions of greenhouse gases, nitrogen oxide, and sulfur dioxide further below levels required by law.

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National Environmental Law Center Report is the report of the National Environmental Law Center, a nonprofit, nonpartisan research and litigation organization working to stop polluters through legal action and pollution prevention policies.

Director of Litigation:
Charles C. Caldart

Litigation Staff:
Adia Bey
Theresa Labriola
Joshua Kratka
Joseph Mann
Stephanie Matheny

 

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