THIS CASE IS BEING REFERRED BECAUSE OF THE LENGTH AND EXTENT OF THE CWA VIOLATIONS; THE DECISION BY EPA TO BRING THIS ACTION IN SPITE OF THE STATE OF COLORADO'S GRANTING OF IMMUNITY TO THE DEFENDANT UNDER ITS AUDIT/PRIVILEGED IMMUNITY STATUTE; AND THE LIKELIHOOD THAT THIS REFERRAL WILL BE AMENDED TO INCLUDED SIGNIFICANT RCRA VIOLATIONS WITHIN THE NEXT 3 MONTHS. AT THE FACILITY, THE DWB GENERATES WASTEWATER FROM VARIOUS INDUSTRIAL PROCESSES. THE INDUSTRIAL PROCESSES INCLUDE, BUT NOT LIMITED TO TESTING, PAINTING, AUTOMOTIVE MAINTENANCE, CARPENTRY, VEHICLE WASHING, AND HEAVY EQUIPMENT MAINTENANCE. THE WASTEWATER FROM THESE FACILITIES MAY CONTAIN CHLORINE, METALS AND VARIOUS ORGANICS.
A MINIMUM PENALTY OF $186,849 WAS PROPOSED.