United States v. Standard Brands, Incorporated

No. 70 Civ. 4625 (S.D.N.Y. October 23, 1970)

Defendant manufacturer enjoined in civil action under Refuse Act from discharging industrial sewage into the Hudson River, except in conformance with detailed court order regarding chlorination, primary treatment, biological oxygen demand (on schedule for reduction set by court) and later incorporation of waste treatment facilities into plant. Plaintiff U.S. given access to plant to insure compliance with order.

Counsel for United States of America:
John M. Burns, III
Executive Assistant U.S. Attorney
United States Courthouse
Foley Square
New York, New York 10007
(212) 264-6535

Counsel for Standard Brands:
Mr. Imberman Proskauer, Rose, Goetz, and Mendelsohn
300 Park Avenue
New York, New York 10022
(212) MU8-7300

[1 ELR 20040]

Mansfield, J.

Plaintiff, United States of America, having filed its complaint herein on October 21, 1970, and each of the defendants having appeared, and plaintiff and defendants, by their respective attorneys, having each consented to the making and entry of this final judgment permanently enjoining and restraining defendants as specified herein, without trial, and the Court having considered the matter and being duly advised, it is hereby

Ordered, adjudged and decreed as follows:

This Court has jurisdiction of the subject matter of this action and all of the parties hereto. The complaint herein states a claim against [1 ELR 20041] defendants under Section 13 od the Rivers and Harbors Act of 1899 (33 U.S.C. § 407), commonly known as the Refuse Act, and under Section 1 of the New York Harbor Act of 1888 (33 U.S.C. § 441).

II.

The provisions of this final judgment applicable to defendant Standard Brands, Inc. (hereinafter "Standard Brands") shall also apply to each of its officers, directors, agents, servants, employees, successors and assigns, and all persons, firms, and corporations acting under, through, or for it and all persons, firms, and corporations in active concert or privity with it or them or any of them, providing they have notice of such order by personal service or otherwise.

III.

Standard Brands is permanently enjoined and restrained from permitting or causing the discharge from any facility or premises owned, operated or controlled by Standard Brands in Peekskill, N.Y., directly or indirectly, into the Hudson River or any of its tributaries of

(a) Any sanitary sewage after February 1, 1971 except sanitary sewage containing not less than one part per million of residual chlorine and which has received primary treatment in accordance with accepted sanitary engineering practices.

(b) Any sanitary sewage after April 15, 1972, except through waste treatment facilities installed to comply with subparagraphs (d) and (e) hereof, or other facilities which will provide similar treatment.

(c) Any residual carbohydrates and protein materials in quantities sufficient to create during any four week period between the date hereof and April 15, 1972, a biochemical oxygen demand caused by all such materials discharged into the receiving waters by Standard Brands during such period in excess of an average of 200,000 pounds per week.

(d) Any residual carbohydrates and protein materials in quantities sufficient to create during any four week period after April 15, 1972, a biochemical oxygen demand caused by all such materials discharged into the receiving waters by Standard Brands during such period in excess of an average of 22,500 pounds per week.

(e) Any residual carbohydrates and protein materials in quantities sufficient to create during any four week period after December 1, 1972, a biochemical oxygen demand caused by 11 such materials discharged into the receiving waters by Standard Brands during such period in excess of an average of 2,500 pounds per week.

IV.

Standard Brands shall make arrangements to submit to plaintiff monthly statements on the 15th day of each month, commencing January 15, 1971, recording the results of tests of daily samples of all effluents for the preceding month discharged directly or indirectly by Standard Brands from its premises at Peekskill, New York into the navigable waters of the United States and their tributaries.

Tests shall be made with respect to such samples to determine the biochemical oxygen demand value of all matter discharged by Standard Brands in such effluents during each calendar week (up to 11:59 P.M. each Saturday) ending during the month for which a statement is submitted and the results of such tests shall be certified by a qualified chemist or sanitary engineer.

Sampling and testing procedures will be in accordance with standard accepted practices and subject to the approval of appropriate regulatory authorities.

For the purpose of insuring compliance with this final judgment, duly authorized representatives of the United States shall be permitted access to inspect the premises controlled by Standard Brands in Peekskill, New York for the purpose of inspecting the discharge therefrom of any liquid or refuse or to take samples of any discharge, liquid or refuse.

VI.

This final judgment shall be without prejudice to any right of plaintiff in any pending or future criminal proceeding and of any right of plaintiff to take any civil action in connection with any discharges or deposits of refuse by Standard Brands into any of the navigable waters of the United States or into any of the waters of New York Harbor or their tributaries excepting any civil action to seek further to regulate discharges into such waters derived from processes presently employed by Standard Brands.

VII.

Each of the defendants other than Standard Brands is jointly and severally enjoined and directed throughout such time as each such defendant shall have any association with Standard Brands as an officer, director, or employee of Standard Brands to take all steps reasonable and appropriate to cause Standard Brands to comply with its obligations hereunder.

VIII.

Jurisdiction is retained by this Court for the Purpose of enabling any of the parties to this final judgment to apply to this Court at any time for any such further orders and directions as may be necessary or appropriate for the construction and effectuation of this final judgment, for the modification of any of the provisions hereof, for the enforcement of and compliance herewith and for the punishment of violations hereof.