Austin Powder Company to Improve Wastewater Treatment Facilities

March 22, 2022

The complaint alleges that the facility has had hundreds of discharges of pollutants in violation of the effluent limitations

The company will improve wastewater treatment facilities at Red Diamond Plant in McArthur, Ohio

Austin Powder Company has agreed to implement upgrades to that facility’s wastewater treatment operations to resolve Clean Water Act violations and will pay a civil penalty of $2.3 million.

The company is owner and operator of the Red Diamond explosives manufacturing plant located near McArthur, Ohio, reported The Department of Justice (DOJ).

The complaint alleges that the facility has had hundreds of discharges of pollutants in violation of the effluent limitations and failed to fully comply with an earlier EPA Administrative Order on Consent to resolve its issues. This has been ongoing since 2013, according to the DOJ.

The tributaries of Raccoon Creek and Elk Fork, which are tributaries to the Ohio River, will be impacted by these changes. The consent decree will reduce pollutants discharged from the Red Diamond Plant into these two tributaries by approximately 84,000 pounds annually.

The proposed settlement would entail Austin Powder investing approximately $3 million to improve two of its wastewater treatment plants. The company has so far eliminated discharges from four other onsite plants and will also eliminate discharges from a fifth plant, which must be completed on or before Dec. 31.

“Industrial dischargers must ensure their operations do not foul our nation’s waters,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division, reported the DOJ. “The improvements required by this settlement will greatly improve Austin Powder’s compliance with its permits and improve the health of the Ohio River and its tributaries.”

“This settlement will prevent tens of thousands of pounds of pollutants from entering Ohio streams and rivers each year,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance, reported the DOJ. “Ohio communities will benefit from cleaner water and a healthier environment.”

The proposed consent decree is subject to a 30-day public comment period and final court approval after it is published in the Federal Register, according to the DOJ. www.justice.gov/enrd/Consent_Decrees.html.

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