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FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Toledo Facility, LLC
N.D.  Ohio  3:11 MJ 8007

Toldeo Facility (TF) owned and operated a tank cleaning facility in Walbridge, Ohio. Previously, this facility was owned and operated by PSC Container Services, LLC. At this facility, TF cleaned tankers from over-the-road tank trucks. These tanks contained a variety of residual industrial wastes, including acid. A substantial amount of water was used to clean the tanks at the TF facility. The used cleaning water, wastewater, was discharged into the sewer system. To limit the amount of pollutants discharged into the sewer system, TF treated the wastewater using a pretreatment system prior to discharge. The pretreatment system reduced the amount of pollution in the wastewater to an acceptable level, including adjusting the pH of the wastewater to within an acceptable range.

On July 14, 2006, a tank truck containing hydrochloric acid was received at the TF facility for cleaning. While treating the acid from the tanker, the facility experienced an operating upset.

As a result of the upset, TF employees negligently discharged wastewater into the sewer system which was outside the acceptable pH range by overriding the pretreatment system. TF employees did not make the required call to the City of Toledo. In total, approximately 3,000 gallons were discharged into the sewer system.

September 30, 2011
TF was charged with one count of violating the CWA {33 U.S.C. 1319(c)(1)(A) - negligent violation}.
CITATION: 18 U.S.C. 1001
October 25, 2011
TF pled guilty to the charge of violating the CWA.

Toledo was sentenced to pay $112,500 in federal fines and a $37,500 community service payment to the Ohio EPA, Division of Surface Water.

STATUTE:
  • Clean Water Act (CWA)

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