EPA v. KEY PHARMACEUTICAL

Case summary

DEFENDANT, KEY PHARMACEUTICAL, A WHOLLY OWNED SUBSIDIARY OF SCHERING-PLOUGH INC., OPERATES A PHARMACEUTICAL MANUFAC- TURING PLANT IN LAS PIEDRAS, PR, AND HAS REPEATEDLY VIOLATED ITS NPDES PERMIT OVER THE PAST 18 MONTHS. A PROPOSED CONSENT DECREE HAS BEEN EXECUTED. THE REGION HAS REACHED A SETTLEMENT WITH DEFENDANT PROVIDING FOR $170,000 IN UP-FRONT PENALTIES FOR PAST VIOLATIONS, SUBSTAN- TIAL STIPULATED PENALTIES FOR VIOLATIONS OF THE DECREE, AND A COMPLIANCE SCHEDULE FOR TREATMENT PLANT MODIFICATIONS AND A REPORTING SCHEDULE. IT IS ANTICIPATED THAT THE CONSENT DECREE AND THE COMPLAINT BE FILED SIMULTANEOUSLY. THIS FACILITY WAS THE SUBJECT OF A NOTICE OF CITIZENS SUIT FILED BY ATLANTIC STATES LEGAL FOUNDATION (ASLF), A CITIZEN UNDER SECTION 505 OF THE CWA. REGION II HAS KEPT ASLF AP- PRISED OF OUR ACTIONS IN THIS MATTER, AND WE UNDERSTAND, THAT, SHOULD SETTLEMENT OF THIS MATTER ALONG THE LINES OF THE PROPOSED CONSENT DECREE OCCUR, ASLF WILL NOT FILE A SEP- ARATE ACTION.

Defendants (1)

• KEY PHARMACEUTICALNamed in complaintNamed in settlement

Facilities (1)

• SCHERING PLOUGH PRODUCTS INC

  RD 183 PRIDCO INDUSTRIAL PARK, LAS PIEDRAS, PR, 00771

  Registry ID: 110007808989

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• KEY PHARMACEUTICALS INCentered 1988-01-20

  Primary law: CWA

  Federal penalty: $170,000

Timeline (8 milestones)

• 1987-06-05Referred To Headquarters
• 1987-08-25Referred To Dept Of Justice
• 1987-11-23Referred TO U.S. Attorney
• 1987-11-23Complaint Filed With Court
• 1988-01-20Final Order Lodged
• 1988-01-20Final Order Entered
• 1988-01-20Concluded
• 1989-05-01Enforcement Action Closed