EPA v. ICI ACRYLICS, INC.

Case summary

COMPLAINT FILED 9/29/97, ALLEGING: RESPONDENT SUBMITTED INFORMATION THAT ON OCTOBER 27, 1994, A RELEASE OF APPROXIMATELY 1800 TO 2500 POUNDS OF ETHYL ACRYLATE (CAS #140885), A LISTED HAZARDOUS SUBSTANCE UNDER RCRA SUBTITLE I, OCCURRED AS A RESULT OF OVER-FILLING THE 20,000 GALLON UST. SECTION 9002 OF RCRA AND 40 CFR 280.50, REQUIRES AS AN INITIAL RESPONSE, IN PART, THAT OWNERS AND OPERATORS OF UST SYSTEMS NOTIFY THE IMPLEMENTING AGENCY OF A RELEASE FROM AN UST WITHIN 24 HOURS. EPA RECEIVED NO NOTIFICATION OF THE RELEASE DESCRIBED IN PARAGRAPH 7. SECTION 9003 OF RCRA AND 40 CFR SECTION 280.42 REQUIRES, IN PART, THAT ONWERS AND OPERATORS OF HAZARDOUS SUBSTANCE UST SYSTEMS PROVIDE SYSTEM RELEASE DETECTION, ACCORDING TO A PHSE IN SCHEDULE, THAT MEETS THE REQUIREMENTS OF 40 CFR 280.41. THE THREE UST SYSTEMS INSTALLED IN 1983 WERE REQUIRED TO HAVE TANK RELEASE DETECTION BY 12/22/92. TANK RELEASE DETECTION WAS NOT PROVIDED FOR THE 3 CLOSED UST SYSTEMS FROM 12/22/92, UNTIL CLOSURE ON OR ABOUT 12/8/96.

Defendants (1)

• ICI ACRYLICS, INC.Named in complaintNamed in settlement

Facilities (2)

• ICI ACRYLICS, INC.

  1305 HARBOR AVENUE, PRESIDENT'S ISLAND, MEMPHIS, TN, 37501

  Registry ID: 110000374194

• ICI ACRYLICS, INC.

  1305 HARBOR AVENUE, PRESIDENT'S ISLAND, MEMPHIS, TN, 37501

  Registry ID: 110000374194

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
• RCRA 9002 — Notification Requirements of Underground Storage Tanks

Enforcement conclusions (1)

• ICI ACRYLICS, INC.entered 1998-01-26

  Primary law: RCRA

  Federal penalty: $9,375

Timeline (4 milestones)

• 1997-09-29Complaint Filed/Proposed Order
• 1997-10-02Enforcement Action Data Entered
• 1998-01-26Final Order Issued
• 1998-02-11Enforcement Action Closed