EPA v. FMC CORPORATION

Case summary

FAILURE TO MANIFEST SPILL RESIDUE; FAILURE TO DESCRIBE AR- RANGEMENTS TO COORDINATE EMERGENCY SERVICES; FAILURE OF CON- TINGENCY PLAN TO LIST DECONTAMINATION EQUIPMENT; FAILURE TO SUBMIT COPIES OF THE CONTINGENCY PLAN TO STATE & LOCAL EMER- GENCY RESPONSE TEAMS. ON 11/15/84, THERE WAS SPILL OF APPROXIMATELY 40 GALLONS OF METHYL ISOCYANATE ( MIC ) AT FACILITY. RECORDS INDICA- TED THAT THE SPILL RESIDUE WAS TREATED W/ CARBON AND WATER FORMING UREA & BIURET. THIS RESIDUE WAS SUBSEQUENTLY STORED IN TWO 55-GALLON DRUMS PRIOR TO BEING SHIPPED AS A NON-HAZ- ARDOUS WASTE TO CECOS INTERNATIONAL, NIAGARA FALLS, NY. DESPITE TREATMENT OF THE MIC SPILL, THE RESIDUE REMAINED A HAZARDOUS WASTE. RESPONDENT FAILED TO MANIFEST THE SPILL RESIDUE AS A HAZARDOUS WASTE, &, THEREFORE HAS VIOLATED 6 NYCRR 372.2(B)(5)(I). AT 2/5 AND 2/6/85 INSPECTIONS, RESPONDENT'S CONTINGENCY PLAN DID NOT DESCRIBE THE REQUIRED ARRANGEMENTS PURSUANT TO SUBDIVISION 373-2.3(G). IT DID NOT INCLUDE A LIST OF ALL EMERGENCY & DECONTAMINATION EQUIPMENT, WHERE THIS EQUIPMENT IS REQUIRED AND THE PLAN WAS NOT SUBMITTED TO ALL LOCAL PO- LICE DEPTS., FIRE DEPTS., HOSPITALS AND STATE AND LOCAL EMERGENCY RESPONSE TEAMS THAT MAY BE CALLED UPON TO PROVIDE EMERGENCY SERVICES.

Defendants (1)

• F.M.C. CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• FMC CORPORATION MIDDLEPORT PLANT

  100 NIAGARA STREET, MIDDLEPORT, NY, 14105

  Registry ID: 110000326601

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• FMC CORPORATIONentered 1986-03-17

  Primary law: RCRA

  Federal penalty: $27,000

Timeline (4 milestones)

• 1985-10-17Enforcement Action Data Entered
• 1985-10-17Complaint Filed/Proposed Order
• 1986-03-17Final Order Issued
• 1986-03-17Enforcement Action Closed