EPA v. NL INDUSTRIES, INC. (MPRSA)

Case summary

IN 1980 EPA COMMENCED & SETTLED A CIVIL ACTION AGAINST NL INDUSTRIES, INC. FOR VIOLATIONS OF THE CAA. IN THAT LITIGA- TION NL COUNTERCLAIMED AGAINST EPA, ALLEGING THAT CERTAIN CONDITIONS IN ITS EPA-ISSUED OCEAN DUMPING PERMIT WERE IM- PROPER. 2 CONSENT DECREES WERE ENTERED BY COURT, ONE ON THE CAA ISSUES, THE OTHER ON THE OCEAN DUMPING ISSUES. THE LAT- TER DECREE PROVIDED UNTIL THE END OF 1981 FOR NL TO CEASE DUMPING CERTAIN MATERIALS IN THE OCEAN & UNTIL THE END OF 1989 TO CEASE DUMPING ALL OTHER MATERIALS. IN 1982 THIS RE- GION ENTERED INTO AN ADMINISTRATIVE CONSENT AGREEMENT & FINAL ORDER IN WHICH A CIVIL PENALTY WAS ASSESSED FOR VIOLA- TIONS OF THE 1981 DEADLINE. IN 1983 AN AMENDED CONSENT AGREEMENT & REVISED FINAL ORDER WERE ISSUED BECAUSE NL HAD SHUT DOWN ITS FACILITY & CEASED OCEAN DUMPING. THEREFORE, THE CIVIL PENALTY ASSESSED IN THE 1982 CONSENT AGREEMENT & FINAL ORDER WAS REDUCED. HOWEVER, PRIOR TO EPA'S CASHING THE PAYMENT CHECK, THE AMENDED CONSENT AGREEMENT PROVIDED THAT THE COURT BE ADVISED OF THE SETTLEMENT. ALTHOUGH SEV- ERAL DRAFTS OF THE COURT PAPERS HAVE BEEN PREPARED AT VARI- OUS TIMES, THE COURT HAS YET TO BE SO ADVISED. ON FEB. 26, 1985, REGION II WAS INFORMED THAT THE DOJ REQUIRED A FORMAL REFERRAL & LITIGATION REPORT IN THIS MATTER BEFORE IT COULD REPRESENT EPA IN THIS MATTER. THIS REFERRAL IS FOR THE COL- LECTION OF A CIVIL PENALTY ASSESSED PURSUANT TO SECTION 105 OF THE MPRSA OF 1972.

Defendants (1)

• NL INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• N L CHEMICALS

  CHEVALIER AVE, SAYREVILLE, NJ, 08872

  Registry ID: 110015059648

• N L CHEMICALS

  CHEVALIER AVE, SAYREVILLE, NJ, 08872

  Registry ID: 110015059648

Statutes cited

• MPRSA 101 — Prohibited Acts

Enforcement conclusions (1)

• NL INDUSTRIES, INC. (MPRSA)entered 1985-09-12

  Primary law: MPRSA

  Federal penalty: $30,000

Timeline (7 milestones)

• 1985-03-29Referred To Headquarters
• 1985-05-07Referred To Dept Of Justice
• 1985-09-09Complaint Filed With Court
• 1985-09-12Final Order Lodged
• 1985-09-12Final Order Entered
• 1985-09-12Concluded
• 1985-10-07Enforcement Action Closed