EPA v. INDUSTRIAL CHEMICAL CORPORATION

Case summary

FACILITY FAILED TO PREPARE AND IMPLEMENT ON SPCC PLAN IN ACCORDANCE WITH 40 CFR 112.7, AND FAILED TO AMEND SPCC PLAN FOLLOWING CHANGES AT THE FACILITY. ********5/29/02 THE RESPONDENT REQUESTED A HEARING; THE HEARING WAS HELD WITH A SITE VISIT. THE ALJ ISSUED AN INTIAL DECISION GRANTING $11,475 IN PENALTIES. THE RESPONDENT FILED AN APPEAL BEFORE THE EAB. ON OCTOBER 15, 2001 THE EAB ISSUED A FINAL DECISION WHERE IT LOWER THE PENALTY TO $9,855 USING THE CIVIL PENALTY POLICY INSTEAD OF THE CWA STATUTORY PENALTY FACTORS. ON OCTOBER 26, 2001, EPA FILED A MOTION TO VACATE/RECONSIDER AND ON JANUARY 15, 2002 THE EAB ISSUED AN ORDER GRANTING MOTION TO RECONSIDER AND DENYING MOTION TO VACATE. THE EAB ISSUED A REVISED FINAL DECISION ON JANUARY 15, 2002 WHERE IT KEPT THE $9,855 PENALTY. HOWEVER, THE BOARD AGREED WITH EPA'S POSITION THAT THE STATUTORY PENALTY FACTORS RATER THAN AGENCY PENALTY POLICIES, ARE THE GUIDEPOSTS IN ASSESSING PENALTIES IN A LITIGATION CONTEXT.

Defendants (1)

• INDUSTRIAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• INDUSTRIAL CHEMICAL CORP

  STATE RD 127, KM 19.1, TALLABOA WARD, PENUELAS, PR, 00624

  Registry ID: 110007813660

• INDUSTRIAL CHEMICAL CORP

  STATE RD 127, KM 19.1, TALLABOA WARD, PENUELAS, PR, 00624

  Registry ID: 110007813660

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• INDUSTRIAL CHEMICALS CORPORATIONentered 2002-01-15

  Primary law: CWA

  Federal penalty: $9,855

Timeline (4 milestones)

• 1999-06-24Complaint Filed/Proposed Order
• 1999-07-02Enforcement Action Data Entered
• 2002-01-15Final Order Issued
• 2002-01-15Enforcement Action Closed