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UNITED STATES v. PENNSYLVANIA ENVTL. HEARING BD.

May 5, 1977

UNITED STATES of America, Plaintiff,
v.
PENNSYLVANIA ENVIRONMENTAL HEARING BOARD et al., Defendants



The opinion of the court was delivered by: MUIR

 I. Findings of Fact.

 1. The United States of America is the owner of the premises, and all of the equipment and installations situated in the city of Scranton, Pennsylvania, and known as the Scranton Army Ammunition Plant.

 2. On August 16, 1971, Lt. Col. Daniel E. Duggan, U.S. Army, assumed command of this federal facility, which command extended through December, 1972.

 3. Chamberlain Manufacturing Corporation is a foreign corporation, organized and existing under the laws of the state of Iowa, and having a certificate of authority to do business in the Commonwealth of Pennsylvania.

 4. Chamberlain operates the Scranton Army Ammunition Plant under a facilities contract with the United States of America.

 5. From June 13, 1963 through June 30, 1971, the document embodying the contract referred to in paragraph 4 was designated as DA-36-034-AMC-0163A.

 6. From July 1, 1971 to date, the document embodying the contract referred to in paragraph 4 was designated as DAA09-71-C-0257.

 7. The Scranton Army Ammunition Plant consists of six (6) buildings including three (3) production buildings on 15.3 acres of land.

 8. The primary function of the plant is the production of metal parts for 155mm. and 175mm. ammunition shells pursuant to a separate supply contract with the United States of America.

 9. Chamberlain, Scranton Division, was the only responsive producer in the United States of the 175mm. shell metal parts of satisfactory quality during the period 1963 through 1972.

 10. The production of 175mm. shell metal parts was required to meet the U.S. Army's critical need for this ammunition.

 11. These shells supplied much of the long-range artillery for the Vietnam conflict.

 12. The plant has three different water collection systems: domestic, industrial and storm.

 13. From July 1, 1970, to October 4, 1972, operation of the plant by Chamberlain resulted in the discharge of 1.5 million gallons per day of untreated industrial wastes from the plant into Roaring Brook, a tributary of the Lackawanna River.

 14. The plant had no industrial waste discharge permit from the Pennsylvania Department of Environmental Resources. (DER).

 15. A report on waste disposal practices at the plant dated November, 1970, was prepared by the federal water pollution control administration of the U.S. Department of Interior for the Army Materiel Command, and a copy of this report was furnished to DER.

 16. Chamberlain never notified DER of any particular pollutional discharge into Roaring Brook.

 17. A large portion of the industrial waste discharge originated in that portion of the plant known as the forge shop.

 18. The forge shop waste waters consisted of cooling water, waste water from forge presses, leakage and exhaust water from the high pressure hydraulic system, and floor drainage, the principal pollutants being grease and oil from the high pressure hydraulic system used in, and metal pollutants heated by the production process.

 19. Other portions of the industrial waste discharge were related to the maintenance of the plant, e.g., floor drains discharging directly into Roaring Brook were covered with a thick coating of graphite grease.

 21. As a result of the industrial waste discharge, no fish could have lived within a half mile of the plant, and the lower life forms were also depressed.

 22. From July 1, 1970 through October 4, 1972, Chamberlain knew that its operation of the plant and the attendant discharge of industrial wastes from the plant ...


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