EPA v. AMERICAN CYANAMID CO

Case summary

NATURE OF THE CASE: AMERICAN CYANAMID OWNS & OPERATES A FACILITY IN WILLOW ISLAND, WV, WHICH MANUFACTURES INORGANIC & ORGANIC CHEMS. THE FACILITY EMPLOYS APPROX 900 PEOPLE. THE PLANT DISCHGS 5 BILLION GAL/DAY OF TREATED WASTEWATER TO COW CREEK JUST ABOVE THE CREEKS CONFLUENCE W/THE OHIO RIVER. CAUSE OF ACTION: IN 1977, AMERICAN CYANAMID DISCOVERED THAT APPROX. 7,000 GAL'S OF BENZENE HAS LEAKED INTO THE GROUNDWATER FROM ONE OF THE CO'S STORAGE TANKS. THE BENZENE MAY REACH THE OHIO RIVER, IN 1983 OR 1984. THE SEEPAGE MAY LAST FOR 3 OR 4 YRS. BENZENE CONTRIBUTIONS MAY BE AS HIGH AS 200 PD/DAY. BENZENE IS A KNOWN CARCINOGEN. BECAUSE THE PROSPECTIVE BENZENE SEEPAGE WOULD BE A DEPOSIT OF REFUSE INTO A NAVIGABLE WATER W/O THE APPROVAL OF THE US ARMY CORPS OF ENGINEERS, THE SEEPAGE THREATENS A VIOL OF THE REFUSE ACT, 33 USC SEC 407. PROPOSED REMEDY: THE REGN RECOMMENDS THAT CYANAMID'S BENZENE SEEPAGE PROBLEM BE RESOLVED BY THE ENTRY OF A CD IMPOSING BENZENE SEEPAGE LIMITATIONS OF 200 PDS/DAY, VARIOUS MONITORING REQUIREMENTS, & A 5,000 PART/BILLION(PPB) MAXIMUM BENZENE CONCENTRATION LEVEL IN COW CREEK( THE INITIAL RECEIVING STREAM). THE COW CREEK HAS AN EXTENSIVE SPORT FISH POPULATION. BENZENE IS ACUTELY TOXIC TO AQUATIC ORGANISMS AT CONCENTRATIONS AS LOW AS 5,300 PPB. THERE ARE TWO MUNICIPALITIES W/IN 150 MILES OF THE DISCHRG PT WHICH USE THE OHIO RIVER AS A DRINKING WATER SOURCE. THE LIT REPORT INDICATES THAT BENZENE LEVELS WILL NOT EXCEED I PPB IN THE DISCHRG TO THE OHIO RIVER AFTER DILUTION.

Defendants (1)

• AMERICAN CYANAMID CO.Named in complaintNamed in settlement

Facilities (1)

• AMERICAN CYANAMID CO - WILLOW

  ST RT2, EAST, WILLOW ISLAND, WV, 26134

  Registry ID: 110010607432

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AMERICAN CYANAMID COMPANYentered 1985-03-12

  Primary law: CWA

Timeline (7 milestones)

• 1982-04-06Referred To Headquarters
• 1982-08-25Referred To Dept Of Justice
• 1983-10-07Referred TO U.S. Attorney
• 1983-10-19Complaint Filed With Court
• 1985-03-12Final Order Lodged
• 1985-03-12Final Order Entered
• 1985-03-12Concluded