Pretreatment Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Sycamore, Illinois Specialty Metals Facility Enter into Consent Agreement

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

The United States Environmental Protection Agency (“EPA”) and Elgiloy Specialty Metals (“ESM”) entered into a November 18th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Water Act. See Docket No. CWA-05-2024-0018.

ESM is a specialty metals facility located in Sycamore, Illinois.

The facility is stated to produce drawn wire which includes nickel-cobalt alloy drawn wire.

The facility is stated to introduce pollutants from its wire drawing processes into the sewer system that conveys wastewater to the City of Sycamore North Sewage Treatment Plant (“Sycamore POTW”). The City of Sycamore is authorized to discharge treated wastewater from the Sycamore POTW to the East Branch and the South Branch of the Kishwaukee River pursuant to a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) Permit.

The ESM facility is stated to be subject to the pretreatment standards for the NFMF/MP Point Source Category at 40 C.F.R. Part 471.

The CAFO alleges the following violation:

  • Failure to Submit Periodic Compliance Reports under 40 C.F.R. § 403.12(e)(1) (referencing ten occasions between January 1, 2019 and December 31, 2020 that ESM is stated to have not submitted a report to EPA indicating the nature and concentration of pollutants and the effluents which are limited by the categorical pretreatment standards for the referenced point source category).

A civil penalty of $32,028.32 is assessed.

A copy of the CAFO can be downloaded here.

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