EPA v. ARKEMA, INC. ET. AL. (CENTRAL CHEMICAL SITE)

Case summary

On September 30, 2019, EPA Region III, the Department of Justice ( DOJ ), the State of Maryland ( State ), and the Central Chemical Site Respondent Group ( Respondent Group ) entered into an Agreement on Stipulated Penalties ( Agreement ) for alleged violations of a 2015 RD/RA Consent Decree ( CD ) and a 1997 Administrative Order on Consent for Remedial Investigation/Feasibility Study ( AOC ), involving cleanup of the Central Chemical Superfund Site in Hagerstown, Maryland ( Site ). Under the terms of the Agreement, the Respondent Group will pay a total of $676,000 in stipulated penalties for violations of the CD and AOC. DOJ issued the Respondent Group a demand letter on April 29, 2019, alleging violations of the CD and AOC. The CD violations included: (i) submission of monthly progress reports that did not discuss the dioxin sampling results; (ii) failure to timely respond to EPA's request for documentation relating to the inclusion of dioxin in the discharge permit for the Site; and (iii) failure to submit a work plan to EPA and the State for review and approval in advance of the April 2018 dioxin sampling. The AOC violations included: (i) failure to timely notify EPA of changed circumstances at the Site; (ii) failure to provide information relating to dioxin sampling at the Remedial Investigation meeting; (iii) submission of a Remedial Investigation report that did not discuss the dioxin sampling results; and (iv) submission of a Risk Assessment that did not analyze the dioxin sampling results. Under the Agreement, the Respondent Group will pay $505,000 to resolve its violations of the AOC and $171,000 to resolve its violations of the CD. The penalty for CD violations will be split with the State. Therefore, the total amount to be paid to EPA and the State is $590,500 and $85,500, respectively. The violations are based on a series of events that occurred between September 2017 and June 5, 2018, with respect to the Respondent Group's design for the remedial action for operable unit

Defendants (27)

• ARKEMA, INCNamed in complaintNamed in settlement
• MONTROSE CHEMICAL COMPANY OF CALIFORNIA (SB)Named in complaintNamed in settlement
• MONSANTO COMPANYNamed in settlement
• LEBANON SEABOARD CORPORATIONNamed in complaintNamed in settlement
• HONEYWELL INTERNATIONAL, INCNamed in complaintNamed in settlement
• FMC CORPORATIONNamed in complaintNamed in settlement
• E.I DU PONT DE NEMOURS AND COMPANYNamed in settlement
• CHEMTURA USA CORPORATIONNamed in settlement
• CARRIE J. COSNERNamed in settlement
• CENTRAL CHEMICAL COMPANYNamed in settlement
• BAYER CROPSCIENCE, LPNamed in complaintNamed in settlement
• WILMINGTON SECURITIES, INC.Named in complaintNamed in settlement
• VELSICOL CHEMICAL CORPORATIONNamed in settlement
• UNION CARBIDE CORPORATIONNamed in complaintNamed in settlement
• SYNGENTA CROP PROTECTION, LLCNamed in complaintNamed in settlement
• MILTON N. STAMPERNamed in settlement
• HERMAN F. STAMPERNamed in settlement
• SHELL OIL COMPANYNamed in complaintNamed in settlement
• PHARMACIA CORPORATIONNamed in settlement
• NEWS CORPORATION AUSTRALIA LIMITEDNamed in settlement
• OLIN CORPORATIONNamed in complaintNamed in settlement
• 21ST CENTURY FOX AMERICA, INC.Named in complaintNamed in settlement
• THE CHEMOURS COMPANY FC, LLCNamed in complaintNamed in settlement
• ROHM AND HAAS COMPANYNamed in complaintNamed in settlement
• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• …and 2 more

Facilities (1)

• CENTRAL CHEMICAL (HAGERSTOWN)

  MITCHELL AVE, HAGERSTOWN, MD, 21742

  Registry ID: 110009280214

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• ARKEMA, INC. ET. AL. (CENTRAL CHEMICAL SITE)entered 2015-09-29

  Primary law: CERCLA

• ARKEMA, INC. ET. AL. (CENTRAL CHEMICAL SITE)entered 2019-09-30

  Primary law: CERCLA

  Federal penalty: $590,500 · State/local: $85,500

Timeline (6 milestones)

• 2008-12-31PRN Sent
• 2009-01-30Enforcement Action Data Entered
• 2015-07-23Referred To Dept Of Justice
• 2015-08-17Complaint Filed With Court
• 2019-09-30Final Order Entered
• 2019-09-30Final Order Lodged