EPA v. ARTEL CHEMICAL CO.,

Case summary

FIKE CHEMICALS, INC. MANUFACTURES ORGANIC & INORGANIC CHEMICALS, PLASTIC & RUBBER CHEMICALS, PESTICIDES, & AGRI- CULTURAL CHEMICALS IN NITRO, WV. COOPERATIVE SEWAGE TREAT- MENT, INC. (C.S.T.), ALSO IN NITRO, IS AN INDUSTRIAL SEWER- AGE TREATMENT SYSTEM THAT RECEIVES WASTE STEAMS FROM FIKE. C.S.T. IS A WHOLLY OWNED SUBSIDIARY OF FIKE. FIKE ALSO MAKES ALL PURCHASING DECISIONS FOR C.S.T. THE FACILITIES ARE NOT CONTIGUOUS, BUT ARE LINKED BY PIPE LINES. BOTH DEFS RECIEVED A LETTER ON 3/14/86 FROM EPA NOTIFYING THEM THAT INTERIM STATUS FOR THE TREATMENT & STORAGE OF HAZ- ARDOUS WASTE UNDER RCRA HAD TERMINATED AT THEIR FACILITIES BECAUSE OF THEIR INCOMPLETE PART B APPLICATION & FAILURE TO COMPLY W/RCRA'S GROUNDWATER & FINANCIAL RESPONSIBILITY RE- QUIREMENTS. IN MID-MAY, 1986, A NEW YORK BASED COMPANY, ATO- MERGIC CHEMETALS, INC. ATOMERGIC PURCHASED A CONTROLLING STOCK INTEREST IN FIKE WHICH ALSO RESULTED IN ITS GAINING TOTAL CONTROL OF C.S.T. BECAUSE OF THE PARENT/SUBSIDIARY RE- LATIONSHIP OF THE 2 COMPANIES. DEFS' VIOLATIONS FALL INTO 3 BOARD CATEGORIES.THESE ARE: VIOLATIONS OF A 1982 CD INCORPORATING RCRA & CWA COUNTS; RCRA INTERIM STATUS VIOLATIONS SUBSEQUENT TO THE ENTRY OF THE CD; & CWA NPDES PERMIT VIOLATIONS. THE CD WAS ENTERED IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WV TO ADDRESS RCRA & CWA VIOLATIONS. BOTH DEFS ARE PARTIES TO THE CD. THE VIOLATIONS OF THE CD CONCERN PROVISIONS REQUIRING THE CONSTRUCTION OF DIKES, THE INSTALLATION OF A GROUNDWATER MONITORING SYSTEM TO DETERMINE THE EXTENT OF GROUNDWATER CONTAMINATION OF A SURFACE IM- POUNDMENT ON THE FIKE'S PROPERTY, THE ACTUAL REMEDIATION OF THIS CONTAMINATION, THE CLEANUP OF SLUDGE FROM THE C.S.T. OXIDATION DITCH, & THE SUBMITTAL OF MONTHLY STATUS REPORTS. THE C.S.T. FACILITY HAS ALSO VIOLATED ITS NPDES PERMIT ISSUED PURSUANT TO THE CWA. THE VIOLATIONS INCLUDE DIS- CHARGES IN EXCESS OF PERMIT LIMITATIONS FOR BIOCHEMICAL OXY- GEN DEMAND, CHEMICAL OXYGEN DEMAND, TOTAL SUSPENDED SOLIDS, OIL & GREASE, PHENOLS & FECAL COLIFORM. C.S.T. HAS ALSO COM- MITTED SEVERAL UNAUTHORIZED BYPASSES OF A PORTION OF ITS TREATMENT SYSTEM IN VIOLATION OF ITS NPDES PERMIT. REG 3 RECOMMENDS THAT THE AGENCY REQUEST THE JUDGE ENJOIN THESE FACILITIES FROM FURTHER OPERATIONS (OTHER THAN COMPLI- ANCE W/THE AGENCY'S CLOSURE REQUIREMENTS OF 40 CFR PART 265 SUBPART G) BECAUSE THEY NO LONGER HAVE INTERIM STATUS & BE- CAUSE OF THEIR HISTORY OF NONCOMPLIANCE W/ENVIRONMENTAL RE- QUIREMENTS. IN ADDITION, REG 3 RECOMMENDS THE IMPOSITION OF BOTH STIPULATED PENALTIES UNDER THE CD & CIVIL PENALTIES FOR THE OTHER VIOLATIONS.

Defendants (3)

• ARTEL CHEMICAL CO.Named in complaint
• C.S.T., INC.Named in complaint
• FIKE CHEMICALS, INC.Named in complaint

Facilities (1)

• FIKE CHEMICAL INCORPORATED

  WEST 19TH STREET, NITRO, WV, 25143

  Registry ID: 110007875353

Statutes cited

• CWA 309 — Violation of Existing AO
• RCRA 3008 — Res Conserv & Rec Act

Timeline (6 milestones)

• 1986-06-30Enforcement Action Data Entered
• 1986-06-30Referred To Headquarters
• 1986-08-27Referred To Dept Of Justice
• 1987-07-15Complaint Filed With Court
• 1993-12-09Concluded
• 1993-12-09Enforcement Action Closed