EPA v. E.I. DUPONT DE NEMOURS AND COMPANY - DELISLE FACILITY

Case summary

5/6/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $45,000, DUE WITHIN 30 DAYS. ALLEGATIONS: AT THE TIME OF THE OCT 23-26, 2006 CEI: RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTEWATER FROM THE TITANIUM TETRACHLORIDE WASH HOUSE THAT WAS BEING DISCHARGED DIRECTLY TO THE GROUND; IN VIOLATION OF 40 CFR 262.11. RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINTION ON THE WASTE SOLVENT IN THE 5-GAL DRUM OF WASTE PAINT AND SOLVENT LOCATED IN THE PAINT YARD; IN VIOLATION OF 40 CFR 262.11. RESPONDENT WAS STORING HAZARDOUS WASTE IN A CONTAINER THAT WAS NOT LABELED WITH THE BEGINNING DATE OF ACCUMULATION; IN VIOLATION OF RCRA SEC 3005. (RESPONDENT FAILED TO ADHERE TO A CONDITIION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(a)(3)). RESPONDENT WAS STORING HAZ WASE IN A CONTAINER THAT WAS NOT LABELED WITH THE WORDS HAZARDOUS WASTE; IN VIOLATION OF RCRA 3005. (RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(a)(3)). RESPONDENT HAD NOT DESIGNATED A PRIMARY EMERGENCY COORDINATOR IN THE CONTINGENCY PLAN; IN VIOLATION OF RCRA 3005. (RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 265.52(d)). RESPONDENT WAS DISCHARGING D002 HAZ WASTE WASTEWATER FROM THE TITANIUM TETRACHLORIDE WASH HOUSE DIRECTLY TO THE GROUND WITHOUT PERFORMING NECESSARY NOTICE, CERTIFICATION, AND WASTE ANALYSIS REQUIREMENTS; IN VIOLATION OF 40 CFR 268.7, 268.9, AND 268.40(a). RESPONDENT WAS DISCHARGING D002 HAZ WASTE WASTEWATER FROM THE TITANIUM TETRACHLORIDE WASH HOUSE DIRECTLY TO THE GROUND; IN VIOLATION OF 40 CFR 270.30(a). RESPONDENT HAD NOT LABELED UNIVERSAL WASTE LAPS, OR THE CONTAINER OR PACKAGE IN WHICH THEY WERE STORED WITH ONE OF THE FOLLOWING PHRASES: UNIVERSAL WASTE-LAMP(S) OR WASTE LAMP(S) OR USED LAMP(S); IN VIOLATION OF 40 CFR 273.14(e). RESPONDENT WAS NOT STORING UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTS RELEASE OF ANY UNIVERSAL WASTE OR COMPONENT OF A UNIVERSAL WASTE TO THE ENVIRONMENT; IN VIOLATION OF 273.13(d)(1). RESPONDENT WAS NOT STORING USED OIL IN CONTAINERS WITH THE WORDS, USED OIL; IN VIOLATION OF 40 CFR 279.22(c)(1). RESPONDENT HAD NOT CLEANED UP RELEASES OF USED OIL; IN VIOLATION OF 40 CFR 279.22(d).

Defendants (1)

• E.I. DUPONT DE NEMOURS AND COMPANY - DELISLE FACILNamed in complaintNamed in settlement

Facilities (2)

• CHEMOURS DELISLE PLANT

  7685 KILN-DELISLE ROAD, PASS CHRISTIAN, MS, 395710430

  Registry ID: 110005985416

• CHEMOURS DELISLE PLANT

  7685 KILN-DELISLE ROAD, PASS CHRISTIAN, MS, 395710430

  Registry ID: 110005985416

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS AND COMPANY - DELISLE FACILITYentered 2009-05-06

  Primary law: RCRA

  Federal penalty: $45,000

Timeline (4 milestones)

• 2009-05-06Complaint Filed/Proposed Order
• 2009-05-06Final Order Issued
• 2009-06-24Enforcement Action Data Entered
• 2009-07-15Enforcement Action Closed