1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319
2. ROHM AND HAAS TEXAS INCORPORATED, A TEXAS CORPORATION, STATE HIGHWAY 225 (LAPORTE FREEWAY) APPROX 75 MI WEST OF THE INTERSECTION OF STATE HIGHWAY 225 & STATE HIGHWAY 134 (BATTLEGROUND ROAD), DEER PARK, HARRIS COUNTY, TEXAS 77536
3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) REPEATEDLY VIOLATED THE EFFLUENT LIMITATIONS SPECIFIED IN ITS PERMIT, SPECIFICALLY, AT LEAST 583 EFFLUENT VIOLATIONS SINCE NO. 1994; 2) FAILING TO OPERATE AND MAINTAIN ITS SECONDARY CONTAINMENT AREA AND ITS AERATION BASIN (LAGOON) WHICH RESULTED IN TWO UNAUTHORIZED DISCHARGES OF 100,000 GALLONS OF CHEMICAL WASTE AND 72,000 POUNDS OF METHYL METHACRYLATE; AND 3) FAILING TO USE THE PROPER ANALYTICAL TEST METHODS FOR BOD TESTING
4)RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA SUMITTED THIS DIRECT REFERRAL REQUESTING THAT DOJ INITIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND OTHER RELIEF AGAINST THE VIOLATOR, ROHM AND HAAS TEXAS INCORPORATED. THIS REFERRAL SEEKS AN INJUNCTION TO HALT NONCOMPLAINT DISCHARGES BY IMPLEMENTATION OF A COMPLIANCE PLAN, AND SEEKS CIVIL PENALTIES AS AUTHORIZED UNDER THE CWA, AS WELL AS ANY OTHER POTENTIAL RELIEF PERMITTED UNDER THE ACT.
CAA LETTER REFERRAL SENT TO DOJ 5/27/03