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The Environmental Integrity Project (“EIP”) has sent three separate Notices of Intent to Sue (“NOIs”) to three Louisiana Petcoke processing plants alleging violations of the Clean Water Act.
The NOIs were sent to the following facilities:
- Rain CII Carbon LLC Lake Charles Calcining Plant.
- Alcoa Reynolds Metals Lake Charles Carbon Plant.
- Rain CII Carbon LLC Gramercy Coke Plant.
The NOIs state that each facility operates pursuant to a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) Permit.
One or more of the plants is stated to discharge process area washdown water, process cooling water streams, wet scrubber overflow, periodic boiler water, stormwater runoff, and treated sanitary wastewater.
Each of the NOIs allege that certain toxic pollutants are being discharged by the respective plant. Such discharges are stated to be unpermitted. Further, the NOIs allege that the plants are not protected by a Clean Water Act permit shield.
EIP states that a Clean Water Act citizen suit will be filed pursuant to Section 505 after sixty days from the post-marked date of the NOIs.
A link to each of the three NOIs can be found below: