EPA v. Merck Sharp & Dohme Quimica de Puerto Rico

Case summary

12/18/2006 complaint issued: Respondent failed to use closure devices of suitable material for openings on hazardous waste Tank #2205 A/B and Tank #2209 A/B in violation of 40 C.F.R. 265.1085(c)(iv). Failure to properly design, construct, maintain, and operate the facility in violation of 40 C.F.R. § 264.31 and Module II-A of the 1988 permit as modified by the 1995 permit modification. Facility replaced defective flanges and gaskets on stroage tanks. 04/17/2007 amended complaint issued: This is an amended Complaint (4/17/2007) which includes one Count for: 40 C.F.R. § 265.1085(c)(iv); failure to use closure devices of suitable material for openings on hazardous waste Tank #2205 A/B and Tank #2209 A/B in violation of 40 C.F.R. 265.1085(c)(iv). This Complaint was amended by removing one Count from the original Complaint citing a violation of: 40 C.F.R. § 264.31; failure to properly design, construct, maintain, and operate the facility in violation of 40 C.F.R. § 264.31 and Module II-A of the 1988 permit as modified by the 1995 permit modification. This amended Complaint reduces the original proposed penalty from $32,500 to $10,399 in the amended form.

Defendants (1)

• Merck Sharp & Dohme Quimica de Puerto RicoNamed in complaint

Facilities (1)

• MERCK-SHARP DOHME

  CARR 2 KM 56.7 BO TRINIDAD, BARCELONETA, PR, 00617

  Registry ID: 110067716662

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Merck Sharp & Dohme Quimica de Puerto Ricoentered 2007-05-14

  Primary law: RCRA

  Federal penalty: $10,000

Timeline (5 milestones)

• 2006-12-18Complaint Filed/Proposed Order
• 2007-03-07Enforcement Action Data Entered
• 2007-04-17Amended Complaint
• 2007-05-14Final Order Issued
• 2007-05-14Enforcement Action Closed