EPA v. AMERICAN CYANAMID CO. II

Case summary

AMERICAN CYANAMID CO. ( A.C. ) OWNS & OPERATES A CHEMICAL MANUFACTURING FACILITY IN LINDEN, NJ.. THE FACILITY IS LO- CATED ON THE RAHWAY RIVER NEAR ITS CONFLUENCE WITH THE ARTHUR KILL. ON 10/6/84, A STORAGE TANK CONTAINING MALATHION ERUPTED, CAUSING MALATHION & A HEAVY VAPOR MIST CONTAINING TINY DROPLETS TO BE EMITTED INTO THE AIR, WITH THE DROPLETS FAL- LING ON THE GROUND & INTO THE RAHWAY RIVER, ITS ADJOINING SHORELINE, AND THE ARTHUR KILL. IN ADDITION, THE ERUPTION CAUSED MALATHION TO SPILL FROM THE TANK ONTO THE ADJOINING SHORELINE. IT SPILLED ONTO A TAR LOT, THEN TO A GRASSY AREA & ULTIMATELY TO THE RAHWAY RIVER AND THE ARTHUR KILL. AT THE REQUEST OF THE U.S. COAST GUARD, THIS CASE IS RE- FERRED FOR THE ASSESSMENT OF A CIVIL PENALTY FOR THE VIOLA- TION OF CWA/311 USC 1321 OR, IN THE ALTERNATIVE, FOR THE VIOLATION OF CWA/301, 33 USC 1311. IN BOTH INSTANCES, THE REGION BELIEVES THE MAXIMUM PENALTY IS WARRANTED BASED UPON THE SERIOUSNESS OF THE DISCHARGE. SINCE 1978, A.C. HAS HAD 5 KNOWN SPILLS, THE LAST ONE RESULTING IN THE PAYMENT OF A $20,000 PENALTY. MOREOVER, THE OCT. 6TH MALATHION ERUPTION CAUSED OVER 100 PEOPLE TO SEEK MEDICAL ATTENTION AT LOCAL HOSPITALS.

Defendants (1)

• AMERICAN CYANAMID COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CYTEC INDUSTRIES INCORPORATED

  4900 TREMLEY POINT RD., LINDEN, NJ, 07036

  Registry ID: 110000498284

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• AMERICAN CYANAMID CO.entered 1986-09-30

  Primary law: CWA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1985-03-29Referred To Headquarters
• 1985-04-29Referred To Dept Of Justice
• 1985-08-27Referred TO U.S. Attorney
• 1985-09-10Complaint Filed With Court
• 1986-09-30Final Order Lodged
• 1986-09-30Final Order Entered
• 1986-09-30Concluded
• 1987-08-27Enforcement Action Closed