EPA v. FMC SPECIALTY CHEMICALS DIVISION - NITRO

Case summary

THIS IS AN ACTION AGAINST THE FMC CORPORATION, NITRO FACILITY, UNDER THE CLEAN WATER ACT FOR PAST VIOLATIONS OF FMC'S NPDES PERMITS. THE GOVERNMENT IS SEEKING A PENALTY FOR PAST PERMIT VIOLATIONS. A SUBPEONA DUCES TECUM AND DEPOSITION SUBPEONA WERE FILED BY FMC ON ANTHONY MEADOWS, AN EPA ENGINEER ON JULY 19, 1988. IN RESPONSE, THE GOVERNMENT FILED A MOTION TO QUASH THE SUB- PEONA DUCES TECUM. A NEGOTIATION SESSION WAS HELD ON OCTOBER 3, 1988, AT WHICH TIME THE GOVERNMENT PROPOSED A SETTLEMENT FIGURE IN THE AMOUNT OF $350,000.00. FMC IS SCHEDULED TO RESPOND WITH A COUNTER OFFER ON OCTOBER 17, 1988.

Defendants (1)

• FMC CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• GREAT LAKES CHEMICAL CORPORATION

  200 PICKENS ROAD, NITRO, WV, 251432540

  Registry ID: 110000344191

• GREAT LAKES CHEMICAL CORPORATION

  200 PICKENS ROAD, NITRO, WV, 251432540

  Registry ID: 110000344191

• GREAT LAKES CHEMICAL CORPORATION

  200 PICKENS ROAD, NITRO, WV, 251432540

  Registry ID: 110000344191

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 504 — Emergency Powers
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• FMC CORPORATIONentered 1989-04-10

  Primary law: CWA

  Federal penalty: $180,000

Timeline (7 milestones)

• 1987-09-30Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-01-04Complaint Filed With Court
• 1989-04-10Final Order Lodged
• 1989-04-10Final Order Entered
• 1989-04-10Concluded
• 1990-01-30Enforcement Action Closed