EPA v. General Electric Company et al.

Case summary

On May 4, 2017, the U.S. District Court for the Northern District of New York approved the Joint Stipulation settling the United States' and New York State's claims against the Defendant for Clean Air Act, RCRA and state law violations associated with the company's operation of a hazardous waste incinerator in Waterford, NY. Under the settlement, the Defendant will pay a civil penalty of $1,250,000, which will be evenly split between the United States and the state. The alleged violations occurred from December 2006 to December 2008 and involved the failure to: (a) comply with the state-issued CAA Title V and RCRA permits by allowing the incinerator to emit carbon monoxide in excess of 100 parts per million; (b) continuously operate the incinerator's automatic waste feed cut-off (AWFCO) system; (c) continuously monitor the incinerator's operating parameters; (d) maintain a functioning AWFCO for the incinerator; (e) cease operating the incinerator when operating conditions exceeded limits designated in the CAA Title V and RCRA permits; and (f) identify noncompliance with the incinerator's operating and monitoring parameters in the company's annual Title V compliance certifications. By not complying with the conditions of its permits and not operating its AWFCO system properly, the Defendant increased the potential for releases of hazardous air pollutants to the environment in excess of permitted levels.

Defendants (2)

• MPM Silicones, LLCNamed in complaintNamed in settlement
• General Electric CompanyNamed in complaintNamed in settlement

Facilities (3)

• MOMENTIVE PERFORMANCE MATERIALS

  260 HUDSON RIVER ROAD, WATERFORD, NY, 12188

  Registry ID: 110000324435

• MOMENTIVE PERFORMANCE MATERIALS

  260 HUDSON RIVER ROAD, WATERFORD, NY, 12188

  Registry ID: 110000324435

• MOMENTIVE PERFORMANCE MATERIALS

  260 HUDSON RIVER ROAD, WATERFORD, NY, 12188

  Registry ID: 110000324435

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 114 — Record keeping, Inspection, Information Request
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• General Electric Companyentered 2015-12-04

  Primary law: CAA

  Federal penalty: $1,125,000 · State/local: $1,125,000

• MPM Silicones, LLCentered 2017-05-04

  Primary law: CAA

  Federal penalty: $625,000 · State/local: $625,000

Timeline (6 milestones)

• 2013-09-26Referred To Dept Of Justice
• 2013-10-01Enforcement Action Data Entered
• 2015-12-02Complaint Filed With Court
• 2017-05-03Final Order Lodged
• 2017-05-04Final Order Entered
• 2018-07-19Enforcement Action Closed