EPA v. Elan Chemical Company, Inc. (SB)

Case summary

Based upon EPA inspections and information provided by the company, EPA has concluded that the company, in its operations at its Newark facility, violated RCRA requirements regarding the storage of hazardous waste without a permit, violated various requirements regarding air emissions standards (40 CFR Part 265, subparts BB and CC) and failed to make a hazardous waste determination. EPA also concluded the Defendant failed to submit timely EPCRA Section 313 reports to the agency and to the State of New Jersey for seven chemicals it used in calendar year 2004. Under the CD, the Defendant is agreeing to pay a civil penalty and to ensure compliance with applicable RCRA and EPCRA requirements.

Defendants (1)

• Elan Chemical Company, Inc. (SB)Named in complaint

Facilities (2)

• ELAN CHEMICAL CO

  268 DOREMUS AVE., NEWARK, NJ, 07105-4875

  Registry ID: 110000319423

• ELAN CHEMICAL CO

  268 DOREMUS AVE., NEWARK, NJ, 07105-4875

  Registry ID: 110000319423

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Elan Chemical Company, Inc. (SB)entered 2010-02-05

  Primary law: RCRA

  Federal penalty: $200,000

Timeline (7 milestones)

• 2006-09-28Referred To Dept Of Justice
• 2006-10-03Enforcement Action Data Entered
• 2009-12-07Complaint Filed With Court
• 2009-12-10Final Order Lodged
• 2010-02-05Concluded
• 2010-02-05Final Order Entered
• 2013-03-25Enforcement Action Closed