EPA v. DELSTAR TECHNOLOGIES, INC. D/B/A SWM INTERNATIONAL (MIDDLETOWN FACILITY)

Case summary

On August 24, 2020, the Region filed an Expedited Settlement Agreement which settled EPA's penalty claim for violations of CWA Section 311(j) at Delstar Technologies, Inc. d/b/a SWM International's Middletown Facility located in Middletown, Delaware. EPA conducted an inspection of the facility on June 4, 2019 and discovered that the facility failed to prepare an adequate Spill Prevention, Control, and Countermeasures (SPCC) Plan and failed to adequately conduct visual inspections of bulk storage tanks. The respondent has agreed to pay a cash penalty of $844 to settle the matter. DNREC was informed of this action and raised no objections.

Defendants (1)

• DELSTAR TECHNOLOGIES, INC. D/B/A SWM INTERNATIONALNamed in complaintNamed in settlement

Facilities (2)

• SWM INTERNATIONAL

  601 INDUSTRIAL DRIVE, MIDDLETOWN, DE, 19709

  Registry ID: 110070550853

• MIDDLETOWN FACILITY

  601 INDUSTRIAL DRIVE, MIDDLETOWN, DE, 19709

  Registry ID: 110070550853

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• DELSTAR TECHNOLOGIES, INC. D/B/A SWM INTERNATIONAL (MIDDLETOWN FACILITY)entered 2020-08-24

  Primary law: CWA

  Federal penalty: $844

Timeline (3 milestones)

• 2020-08-24Complaint Filed/Proposed Order
• 2020-08-24Final Order Issued
• 2020-09-04Enforcement Action Data Entered