EPA v. CLARIANT LSM (AMERICA), INC. (WEYLCHEM)

Case summary

U.S. Attorney Bill Nettles, the U.S. Department of Justice and the U.S. Environmental Protection Agency settled with Weylchem US, Inc. resolving alleged violations of federal and state air, water, and solid waste pollution laws at Weylchem�s specialty chemical manufacturing facility in Elgin and its wastewater treatment plant in Lugoff. Under the settlement, Weylchem agreed to pay a civil penalty of $500,000, of which $175,000 will be paid to the South Carolina Department of Health and Environmental Control, and to perform corrective action measures. The alleged violations include the mismanagement of hazardous waste under the Resource Conservation and Recovery Act and South Carolina regulations, and standards for hazardous air pollutant emissions under the Clean Air Act. Alleged violations at the Lugoff facility include discharges to the Wateree River that exceeded permitted limits for many of these contaminants of concern under the Clean Water Act. Contaminants of concern include benzene, benzoyl chloride, chlorine, ethyl chloride, ethylene glycol, methanol, methylene chloride, phenol, toluene, and xylene. Under the terms of the settlement, Weylchem will no longer be allowed to send wastewater from the Elgin facility to the Lugoff facility and by the end of 2013 will be prohibited from discharging any wastewater into the Wateree River at the Lugoff facility. In addition to eliminating discharge into the Wateree River, the settlement will also result in the elimination of noise and pollution from approximately 30 tanker truck trips per day over public roads and the potential for spills of industrial wastewater during transport. The facility already completed a project to reduce its air emissions by improving its air pollution control equipment. The settlement also requires Weylchem to make significant changes to the current operations at the Elgin facility. This includes addressing fugitive air emissions by implementing an enhanced leak testing and repair regime based on the results of a third party audit. Weylchem will also test its waste tanks and basins, and sample wastewater and sediment at the Elgin facility, and, if the tests show that tanks or basins are leaking, will make necessary repairs and address potential impacts to the environment. Furthermore, Weylchem agreed to investigate possible soil or groundwater contamination at the Lugoff site and, if contamination is discovered, to develop and implement a cleanup plan.

Defendants (2)

• CLARIANT LSM (AMERICA), INC.
• WEYLCHEM US, INC.Named in complaintNamed in settlement

Facilities (7)

• WEYLCHEM US INC

  2114 LARRY JEFFERS ROAD, ELGIN, SC, 29045-9262

  Registry ID: 110000351930

• CLARIANT LSM AMERICA INCORPORATED

  2114 LARRY JEFFERS ROAD, ELGIN, SC, 29045

  Registry ID: 110000351930

• WEYLCHEM US INC

  2114 LARRY JEFFERS RD, ELGIN, SC, 29045-9262

  Registry ID: 110000351930

• WEYLCHEM US INC

  2114 LARRY JEFFERS RD, ELGIN, SC, 29045-9262

  Registry ID: 110000351930

• CLARIANT LSM AMERICA INCORPORATED

  2114 LARRY JEFFERS ROAD, ELGIN, SC, 29045

  Registry ID: 110000351930

• CLARIANT LSM AMERICA INCORPORATED LUGOFF

  568 WARD ROAD, LUGOFF, SC, 29078

  Registry ID: 110000618822

• WEYLCHEM US INC

  2114 LARRY JEFFERS ROAD, ELGIN, SC, 29045-9262

  Registry ID: 110000351930

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CLARIANT LSM (AMERICA), INC. (WEYLCHEM) (04-2013-C007)entered 2013-03-25

  Primary law: CAA

  Federal penalty: $325,000 · State/local: $175,000

Timeline (7 milestones)

• 2005-06-30Referred To Dept Of Justice
• 2005-06-30Enforcement Action Data Entered
• 2007-01-09Supplemental Referral-Adding parties, counts
• 2012-12-27Complaint Filed With Court
• 2012-12-31Final Order Lodged
• 2013-03-25Concluded
• 2013-03-25Final Order Entered