EPA v. MILLENNIUM SPECIALTY CHEMICALS (aka LYONDELL) (NATIONAL CASE) (BNK)

Case summary

On June 12, 2009, EPA Region 4 referred Millennium Specialty Chemicals (Millennium) to the Department of Justice (DOJ) with a request that DOJ file a proof of claim in the Millennium bankruptcy. Millennium was one of ninety four (94) affiliated companies of LyondellBasell Industries AF S.C.A. that filed for bankruptcy in the U.S. Bankruptcy Court in the Southern District of New York. Millennium had discharged hazardous waste to a surface impoundment at its Facility in Brunswick, Georgia. Millennium manufactured solvent-based fragrance ingredients used in household and industrial cleaners. Wastewater sampled from the facility’s operations in September 2008 was found to contain hazardous levels of MEK, and was being discharged to a surface impoundment without a permit or interim status and without meeting land disposal requirements of RCRA. In addition, the Facility failed to perform hazardous waste determinations. A newly-formed company, LyondellBasell Flavors & Fragrances, LLC., emerged from the bankruptcy process as Millennium's successor and as the current owner/operator of the facility. In a document styled, Settlement Agreement Among The Debtors, The Environmental Custodial Trust Trustee, The United States, and Certain State Environmental Agencies, on March 29, 2010, the debtors resolved the numerous claims concerning environmental matters that had been filed by the U.S. and several State agencies. As part of the agreement, the penalty that EPA Region 4 sought against Millennium received the status of Allowed General Unsecured Claim in the amount of $499,980. The court ratified the agreement by Order dated April 23, 2010. The actual amounts to be paid and the date of payment are both subject to the true-up process and thus not determinable at this time.

Defendants (1)

• MILLENNIUM SPECIALTY CHEMICALSNamed in complaintNamed in settlement

Facilities (4)

• RSYMRISE INC

  209 SCM ROAD, BRUNSWICK, GA, 31523

  Registry ID: 110007487059

• RSYMRISE INC

  209 SCM ROAD, BRUNSWICK, GA, 31523

  Registry ID: 110007487059

• RSYMRISE INC

  209 SCM ROAD, BRUNSWICK, GA, 31523

  Registry ID: 110007487059

• RSYMRISE INC

  209 SCM ROAD, BRUNSWICK, GA, 31523

  Registry ID: 110007487059

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• MILLENNIUM SPECIALTY CHEMICALS (aka LYONDELL) (NATIONAL CASE) (04-2009-9025)entered 2010-04-23

  Primary law: RCRA

  Federal penalty: $499,980

Timeline (6 milestones)

• 2009-06-12Referred To Dept Of Justice
• 2009-07-01Enforcement Action Data Entered
• 2009-07-06Complaint Filed With Court
• 2010-04-23Final Order Lodged
• 2010-04-23Concluded
• 2010-04-23Final Order Entered