EPA v. AMERICAN CYANAMID CO

Case summary

NATURE OF THE CASE: THE AMERICAN CYANAMID CO HAD A SPILL OF SULFURIC ACID AT ITS WARNERS PLANT IN LINDEN, NJ ON 7/11/82. APP- ROX 8.3 TONS OF 99% PURE SULFURIC ACID WERE DISCHARGED FROM AN OVERFLOW LINE DURING THE FILLING OF AN ACID STOR- AGE TANK. THE ACID SOAKED INTO THE GROUND & SEEPED INTO THE ARTHUR KILL. ALTHOUGH THE CO DID SPREAD SOME SODA LIME ON THE GROUND WHERE THE SPILL TOOK PLACE, THE AMOUNT USED WAS LESS THAN 2% OF THE AMOUNT NEEDED TO NEUTRALIZE THE ACID. THE CO REPORTED THE SPILL ON 7/12. EPA IS TAKING THE LEAD IN SEEKING PENALTIES FOR THIS SPILL UNDER SECTION 311(B)(6) OF THE CWA. THE CO SAID 8.3 TONS WERE SPILLED IN ITS NOTIFICA- TION OF THE SPILL, IN STATEMENTS TO EPA & COAST GUARD IN- VESTIGATORS, & IN A FOLLOW-UP LTR. HOWEVER, THE AMOUNT WAS CALCULATED THROUGH AN INVENTORY CHECK THE DAY AFTER THE SPILL. THE AMOUNT WAS NOT ESTIMATED THROUGH AN OBSER- VATION OF THE SPILL DIRECTLY SINCE THE ACID SIMPLY SOAKED INTO THE VERY PERMEABLE GROUND AROUND THE STORAGE TANK. THE CO HAS INDICATED THAT ITS CALCULATION MAY BE SUSPECT & MAY BE OFF BY AS MUCH AS 8 TONS. THIS REGN SUGGESTS THIS INDICATES THE SPILL MAY BE LARGER OR SMALLER THAN THE ESTIMATED 8.3 TONS REPORTED. SINCE THE AMOUNT OF SULFURIC ACID THAT WOULD BE HARMFUL IF SPILLED IS .5 TONS BY REGULATION, THE POSSIBILITY OF THE SPILL BEING IN LESS THAN HARMFUL AMOUNTS IS LESS THAN 2%. THE SPILL TOOK PLACE 20 FEET FROM THE EDGE OF THE ARTHUR KILL. SEC 311 (B)(3) OF THE CWA BANS THE DISCHARGE TO NAVIGABLE WATERS OR THE ADJOINING SHORELINE OF HAZ SUBSTANCES IN THE AMOUNTS THAT MAY BE HARMFUL. ALTHOUGH THE ACT DOES NOT DEFINE WHAT AN ADJOINING SHORELINE IS, WE BELIEVE THAT A SPILL SITE ONLY 20 FEET FROM THE KILL IS SUFFICIENTLY CLOSE TO THE KILL TO QUALIFY AS ADJOINING SHORELINE.

Defendants (1)

• AMERICAN CYANAMID CO.Named in complaintNamed in settlement

Facilities (1)

• CYTEC INDUSTRIES INCORPORATED

  4900 TREMLEY POINT RD., LINDEN, NJ, 07036

  Registry ID: 110000498284

Statutes cited

• CWA 311B3 — Clean Water Act

Enforcement conclusions (1)

• AMERICAN CYANAMID COMPANYentered 1985-03-04

  Primary law: CWA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1982-09-23Referred To Headquarters
• 1982-10-18Referred To Dept Of Justice
• 1983-08-08Referred TO U.S. Attorney
• 1985-03-01Complaint Filed With Court
• 1985-03-04Final Order Lodged
• 1985-03-04Final Order Entered
• 1985-03-04Concluded
• 1985-07-09Enforcement Action Closed