EPA v. ZENECA, INC.

Case summary

SUMMARY - ZENECA MANUFACTURES 2 POLYMER PRODUCTS & ORGANOPHOSPHATE HERBICIDE & PESTICIDE INTERMEDIATES & PRODUCTS. AFTER ACCUMULATION IN THE T-1 SUMP , ALL OF THE EAST PLANT PROCESS WASTEWATER IS SENT THROUGH AN ELEMENTARY NEUTRALIZATION TREATMENT SYSTEM & IS THEN INJECTED INTO THE KNOX AQUIFER VIA 1 OF THE 3 ONSITE INJECTION WELLS. SINCE 1969, AS MANY AS 4 INJECTION WELLS HAVE BEEN OPERATED AT THIS FACILITY FOR THE DISPOSAL OF WASTEWATER. ON FEBRUARY 8 & 9, 1994, EPA CONDUCTED A MULTI-MEDIA INSPECTION OF THE ZENECA FACILITY. THIS INSPECTION & SUBSEQUENT ADDITIONAL INFORMATION CONFIRMED THAT ZENECA WAS NOT ONLY INJECTING WASTEWATER INTO AN USDW ABOVE MAXIMUM CONTAMINANT LEVELS (MCLS) IN VIOLATION OF 40 C.F.R. SECTION 144.12(A), BUT THAT ON AT LEAST 1 OCCASION, ZENECA ILLEGALLY INJECTED A HAZARDOUS WASTE IN VIOLATION OF 40 C.F.R. SECTION 144.13. IN ADDITION, THE EPA FOUND 4 VIOLATIONS OF THE CWA FOR ILLEGAL DISCHARGES INTO BIG BIGBY CREEK, & RCRA VIOLATION FOR TREATMENT OF WASTEWATER WHICH WAS HAZARDOUS FOR BENZENE, 1,2-DICHLOROETHANE & ARSENIC WITHOUT A PERMIT, & DISPOSAL OF BENZENE HAZARDOUS WASTEWATER WITHOUT A PERMIT. THE CAUSES OF ACTION ARE UNDER SECTION 3008(A) AND 3008(H) OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE HAZARDOUS WASTE & SOLID WASTE AMENDMENTS OF 1984, 42 U.S.C. SECTION 6928(A) AND (H); SECTION 309 OF THE CWA; SECTION 301 OF THE CWA; SECTION 402 OF THE CWA; & SECTION 1423(B) OF THE SDWA. NATURE AND NUMBER OF DEFENDANTS - ONE DEFENDANT, ZENECA, INC. NATURE OF RELIEF REQUESTED - IN ADDITION TO A CIVIL PENALTY, EPA ALSO SEEKS INJUNCTIVE RELIEF. IN PARTICULAR, ZENECA MUST: PERFORM ACTIVITIES NECESSARY TO EVALUATE AND CORRECT ACTUAL OR POTENTIAL THREATS TO HUMAN HEALTH AND/OR THE ENVIRONMENT RESULTING FROM THE RELEASE OF HAZARDOUS WASTE OR HAZARDOUS CONSTITUENTS AT OR FROM THE FACILITY. PURSUANT TO SECTION 309(B) OF THE CWA, EPA WILL REQUIRE ZENECA TO COME INTO COMPLIANCE WITH SECTION 301(A) OF THE CWA BY PLACING ZENECA ON A COMPLIANCE SCHEDULE TO CEASE ALL UNPERMITTED DISCHARGES; OR OBTAIN AN NPDES PERMIT FOR EACH DISCHARGE TO SURFACE WATERS AND PROVIDE ADEQUATE TREATMENT OT COMPLY WITH EFFLUENT LIMITS IN THAT PERMIT.

Defendants (1)

• ZENECA, INC.Named in complaintNamed in settlement

Facilities (2)

• AVECIA INCORPORATED

  7910 MT. JOY ROAD, MOUNT PLEASANT, TN, 38474

  Registry ID: 110000375184

• AVECIA INCORPORATED

  7910 MT. JOY ROAD, MOUNT PLEASANT, TN, 38474

  Registry ID: 110000375184

Statutes cited

• SDWA 1423 — Safe Drinking Water Act
• CWA 402 — Clean Water Act
• CAA 112 — Hazardous Air Pollutants
• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• ZENECA, INC.entered 1998-10-14

  Primary law: RCRA

  Federal penalty: $3,500,000 · SEP: $1,396,971

Timeline (7 milestones)

• 1990-01-01Enforcement Action Data Entered
• 1995-06-06PRN Sent
• 1995-08-07Referred To Dept Of Justice
• 1998-08-24Complaint Filed With Court
• 1998-10-14Concluded
• 1998-10-14Final Order Lodged
• 1998-10-14Final Order Entered