The U.S. Department of Justice-Environment and Natural Resources Division also stated in court documents that CUC’s engineering drawings submitted to the U.S. Environmental Protection Agency “were not signed by a professional engineer” and EPA’s previous comments were not fully incorporated into CUC’s submissions to the court.
“EPA is discussing with CUC options for addressing potential ongoing oil discharges and preventing continued migration of contaminants into waters of the United States,” the documents stated.
“EPA has notified CUC that it should be preparing to conduct this work and needs to identify a funding source since these next steps have not been funded. If CUC cannot perform immediate cleanup activities to address the oil contamination, EPA may need to take action to protect waters of the United States,” the documents added.
PCB contamination was identified at the Power Plant 4 facility which is operated by a private firm, documents also disclosed.
EPA is asking CUC to assess its current and needed project management and capabilities, including the possibility of retaining an experienced environmental consulting firm to help it comply with stipulated order work.
In Nov. 2008, the U.S. Department of Justice and EPA lodged two stipulated orders “to reform and bring into compliance [CUC’s] wastewater plants and collection systems, public drinking water systems, five power plants and an oil transfer pipeline.”
