Wastewater Enforcement: U.S. Environmental Protection Agency and Ashtabula, Ohio, Manufacturing Facility Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Huntsman Advanced Materials Americas, LLC (“Huntsman”) entered into a May 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit. See Docket No. CWA-05-2023-0001.

The CAFO provides that Huntsman operates a facility (“Facility”) in Ashtabula, Ohio.

The Facility is stated to discharge to the Ashtabula River pursuant to an NPDES permit.

Outfall No. 001 is stated to discharge:

  • Biochemical oxygen demand
  • Carbon tetrachloride
  • Chlorine
  • E. coli
  • Fecal coliform
  • Mercury
  • pH
  • total suspended solids
  • Zinc

The Facility is alleged to have exceeded certain NPDES effluent limits. Also referenced are alleged monitoring and operations and maintenance violations. Further, EPA had issued an Administrative Order requiring that the Facility upgrade wastewater treatment equipment and improve cleaning, maintenance, and sampling procedures.

EPA is stated to have inspected the Facility to evaluate compliance with the Clean Water Act and NPDES permit on July 13, 2021.

Huntsman is stated to have completed the required actions and returned to compliance in August 2022.

The CAFO assesses a civil penalty of $180,000.

A copy of the CAFO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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