EPA v. ELF ATOCHEM NORTH AMERICA, INC.

Case summary

ELF ATOCHEM VIOLATED 40 CFR 264.101 BY FAILING TO RESPOND TO ITS RFI WORKPLAN REVISIONS WITHIN TIME ALLOWED BY ITS HSWA PERMIT. FACTS OF CASE: 1. ELF FAILED TO COMPLY WITH A CONDITION (APPROVAL OF THE RFI PHASE WORKPLAN) OF ITS RCRA (HSWA PORTION) PERMIT, I.E., SUBMITTING RESPONSE TO WORKPLAN REVISIONS 36 DAYS LATE. HTE PROGRAM HAS CALCULATED A CIVIL PENALTY OF $24,000. I HAVE REVIEWED THE CIVIL PENALTY AND AM CONCERNED THAT ALL RELEVANT FACTORS WERE NOT CONSIDERED. 2. ON MARCH 9, 1995, EPA HAD CONDITIONALLY APPROVED THE RFI WORKPLAN. EPA'S LETTER CONDITIONALLY APPROVING THE RFI CONTAINED THREE (3) MINOR REVISIONS (THE LETTER WAS NOT A NOTICE OF TECHNICAL INADEQUACY). ELF REPORTED VERBALLY TO EPA THAT THE LETTER HAD NOT BEEN INADVERTENTLY ROUTED TO THE WRONG PERSON. ELF WAS TO SUBMIT RESPONSE TO THE REVISIONS ON APRIL 12, 1995. ELF SUBMITTED TO RESPONSE ON JUNE 16 1995. 3. EPA SENT ELF A NOTICE OF VIOLATION AND WAS RECEIVED BY ELF ON AUGUST 7, 1995. ELF REQUESTED A SHOW CAUSE MEETING AND A MEETING HAS BEEN SCHEDULED FOR OCTOBER 16, 1995 AT REGION 4 OFFICES.

Defendants (1)

• ELF ATOCHEM NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• ELF ATOCHEM N A INCORPORATED

  U.S. HWY. 43, AXIS, AL, 365050099

  Registry ID: 110025376448

• ELF ATOCHEM N A INCORPORATED

  U.S. HWY. 43, AXIS, AL, 365050099

  Registry ID: 110025376448

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• ELF ATOCHEM NORTH AMERICA, INC.entered 1995-09-28

  Primary law: RCRA

  Federal penalty: $95,678

Timeline (4 milestones)

• 1995-01-17Enforcement Action Data Entered
• 1995-09-15Complaint Filed/Proposed Order
• 1995-09-28Final Order Issued
• 1995-10-20Enforcement Action Closed