EPA v. PFIZER INC

Case summary

BASED ON THE MULTI-MEDIA INSPECTION AND EPA;S REVIEW OF INFORMATION SUBMITTED BY PFIZER IN RESPONSE TO EPA'S INFO REQUEST, EPA IS PROPOSING TO SEEK PENALTIES FOR THE FOLLOW- ING VIOLATIONS: RCRA: FAILURE TO LABEL AND DATE CONTAINERS OF HAZARDOUS WASTE; FAILURE TO KEEP CONTAINERS OF HAZARDOUS WASTE CLOSED; STORAGE OF INCOMPATIBLE WASTES; FAILURE TO HAVE SECONDARY CONTAINMENT; FAILURE TO PROPERLY INSPECT HAZARDOUS WASTE CONTAINERS; FAILURE TO OBTAIN A SEPARATE EPA IDENTIFICATION NUMBER FOR PFIZER'S RESEARCH AND DEVELOPMENT FACILITY WHICH IS LOCATED ACROSS THE STREET FROM ITS MANU- FACTURING FACILITY; INCOMPLETE HAZARDOUS WASTE MANIFAESTS AND LAND DISPOSAL RESTRICTON NOTIFICATIONS; FAILURE TO CON- DUCT HAZARDOUS WASTE TRAINING FOR PERSONNEL OR FAILURE TO DOCUMENT HAZARDOUS WASTE TRAINING; FAILURE TO CONDUCT INPEC- TIONS FOR EQUIPMENT LEAKS FROM PUMPS AND VALVES; AND FAILURE TO MAKE PROPER HAZARDOUS WASTE DETERMINATIONS. IN ADDITION, THE REGION HAS IDENTIFIED A NUMBER OF POTENTIAL VIOLATIONS WHICH WILL BE RESEARCHED AND POSSIBLY INCLUDED IN A SUPPLEMENTAL REFERRAL TO DOJ. CWA: SINCE 1989, PFIZER HAS EXCEEDED EFFLUENT LIMITATIONS FOR PH, BIOLOGICAL OXYGEN DEMAND (BOD), TOTAL KJELDAHL NITROGEN (TKN), TEMPERATURE, FLOW AND TOTAL SUSPENDED SOLIDS (TSS) SET FORTH IN PFIZER'S NPDES PERMIT ON AT LEAST 110 OCCASIONS. IN ADDITIN, PFIZER HAS DISCHARGED AT LEAST 32 SPILLS AND BOILER BLOWDOWN THROUGH ITS OUTFALLS INTO THE THAMES RIVER. THESE SPILLS AND DISCHARGES WERE NOT AUTHOR- IZED BY PFIZER'S NPDES PERMIT. PFIZER ALSO FAILED TO PROPERLY OPERATE AND MAINTAIN ITS TREATMENT FACILITIES BY ALLOWING SOLIDS TO BUILD UP IN ITS EQUALIZATION BASIN OVER A PERIOD OF ABOUT 20 YEARS, IN VIOLATION OF ITS NPDES PERMIT. EPCRA: DATE QUALTY VIOLATIONS (I.E. PFIZER'S INTERNAL RECORD OF ITS TOXIC RELEASES ARE INCONSISTENT WITH THE TOXIC RELEASE INVENTORY (TRI) DATA WHICH PFIZER SUBMITTED TO EPA); SUBMITTAL OF LATE TRI REPORTS; AND RECORD KEEPING VIOLATIONS ALL OF THESE VIOLATIONS OCCURRED FOR REPORTING YEARS 1990, 1991 AND 1992. THE COMBINED BOTTOM-LINE PENALTY FOR WHICH THE REGION IS SEEKING AUTHORITY TO SETTLE THIS ACTION IS $ 1992,844. INCORPORATING A SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) IN ANY SETTLEMENT IS A HIGH PRIORITY FOR THE REGION.

Defendants (1)

• PFIZER, INC.Named in complaintNamed in settlement

Facilities (3)

• PFIZER INCORPORATED GROTON SITE

  445 EASTERN POINT RD., GROTON, CT, 06340

  Registry ID: 110000315891

• PFIZER INCORPORATED GROTON SITE

  445 EASTERN POINT RD., GROTON, CT, 06340

  Registry ID: 110000315891

• PFIZER INCORPORATED GROTON SITE

  445 EASTERN POINT RD., GROTON, CT, 06340

  Registry ID: 110000315891

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 301 — NPDES Discharge without a Permit
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• PFIZER INC GROTONentered 1999-03-16

  Primary law: RCRA

  Federal penalty: $625,000

Timeline (6 milestones)

• 1994-05-05Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1998-11-30Final Order Lodged
• 1998-11-30Complaint Filed With Court
• 1999-03-16Final Order Entered
• 1999-03-16Concluded