EPA v. Umicore Technical Materials North America, Inc.

Case summary

Umicore acquired the facility in 2007. Possibly contaminated pooled water on ground surface in an undeveloped, vegetated portion of the facility was discovered during a scheduled environmental health and safety audit on September 24, 2008. The disclosure was dated October 10, 2008. The contamination appeared to have been deposited by discharges from an adjacent PVC pipe which was connected to the facility’s cooling towers. However, the investigation discovered that when the cistern which receives the cooling tower water was above capacity, the pipe in question would re-direct the water from the cistern and pre-treatment operations. The cooling water is classified as a hazardous waste due to the concentration of cadmium. In addition, Umicore discovered that when the cistern’s sump pump malfunctioned, the cistern would overflow to the pipe and to the ground. NYSDEC was immediately notified of a potential discharge and examined the impacted area. Umicore has capped the pipe, repaired the sump pump and is conducting soil removal activities and collecting further samples of the impacted soils. At present, Umicore believes that the overflow pipe was installed prior to its acquisition of the facility in 2007 but after 2002 when the cooling tower was constructed.

Defendants (1)

• Umicore Technical Materials North America, Inc.Named in settlement

Facilities (1)

• UMICORE TECHNICAL MATERIALS NA INC

  9 PRUYNS ISLAND DR, GLENS FALLS, NY, 12801

  Registry ID: 110020515398

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Umicore Technical Materials North America, Inc.entered 2009-03-31

  Primary law: RCRA

Timeline (3 milestones)

• 2009-03-31Enforcement Action Closed
• 2009-03-31Final Order Issued
• 2009-03-31Enforcement Action Data Entered