EPA v. US FILTER

Case summary

EPA issued a Notice of Determination (���NOD���) based on self-disclosures provided by US Filter Recovery Services, Mid-Atlantic Inc. (���US Filter���) for violations of Sections 15 and 16 of TSCA, and its implementing regulations at 40 C.F.R. Part 761, at its facility located at 505 South Market Street, Wilmington, Delaware. US Filter voluntarily disclosed to EPA by letters dated August 16, 2002, and June 16, 2004, that it had marketed sixteen (16) shipments of PCB-contaminated used oil to thirteen (13) asphalt plants located in Delaware, Maryland, New Jersey and Pennsylvania. Those asphalt plants are not qualified customers to which US Filter may market used oil containing any quantifiable level of PCBs. The total gravity-based civil penalty for these violations would be $320,000.00. However, US Filter satisfied all of the conditions of EPA���s Self-Disclosure Policy and therefore EPA waived the gravity-based civil penalty for the disclosed violations. In addition, given that the amount of economic benefit gained is insignificant, EPA has also waived the economic benefit penalty for the disclosed violations.

Defendants (1)

• US FilterNamed in complaintNamed in settlement

Facilities (4)

• INTERNATIONAL PETROLEUM CORPORATION OF DELAWARE, INC

  505 S MARKET ST, WILMINGTON, DE, 19801

  Registry ID: 110001409823

• INTERNATIONAL PETROLEUM CORPORATION OF DELAWARE, INC

  505 S MARKET ST, WILMINGTON, DE, 19801

  Registry ID: 110001409823

• INTERNATIONAL PETROLEUM CORPORATION OF DELAWARE, INC

  505 S MARKET ST, WILMINGTON, DE, 19801

  Registry ID: 110001409823

• INTERNATIONAL PETROLEUM CORPORATION OF DELAWARE, INC

  505 S MARKET ST, WILMINGTON, DE, 19801

  Registry ID: 110001409823

Statutes cited

• TSCA 16A4 — Failure to Pay Civil Penalty

Enforcement conclusions (1)

• US FILTERentered 2004-12-28

  Primary law: TSCA

Timeline (3 milestones)

• 2003-03-29Enforcement Action Data Entered
• 2004-12-28Final Order Issued
• 2004-12-28Enforcement Action Closed