EPA v. CHEMETALL FOOTE CORPORATION

Case summary

12/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $57,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 11, 2006, EPA AND TDEC CONDUCTED A COMPLIANCE EVALUATION INVESTIGATION WITH SAMPLING. ON JAN 24, 2007, EPA AND TDEC CONDUCTED A FOLLOWUP CASE DEVELOPMENT INVESTIGATION/EVALUATION (CDIE). THE RESULTS OF THE CDIE WERE DOCUMENTED IN A CDIE REPORT AND NOTICE OF VIOLATION DATED APR 30, 2008. DURING THE MAY 11, 2006, INSPECTION, RESPONDENT INDICATED THAT PRIOR TO 2006 IT TREATED THE WASTE BUTYLLITHIUM SAMPLES (D001/D003), BY SMASHING THE BOTTLES IN A PIT (HEREINAFTER REFERRED TO AS THE LAB PIT ) PROVOKING THE WASTE TO REACT WITH AIR AND AUTO-IGNITE. RESPONDENT OPERATED A HAZARDOUS WASTE TREATMENT UNIT AS THAT TERM IS DEFINED IN TR CHAPTER 1200-01-11-.01(2)(a) AND 40 CFR 260.10. RESPONDENT DID NOT HAVE INTERIM STATUS OR A PERMIT TO TREAT WASTE BUTYLLITHIUM SAMPLES (D001/D003) IN THE LAB PIT. RESPONDENT WAS NOT EXEMPT FROM THE REQUIREMENT TO OBTAIN A PERMIT FOR TREATMENT OF HAZARDOUS WASTE. THEREFORE, RESPONDENT TREATED HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS IN VIOLATION OF RCRA SEC 3005(a) AND T.C.A. 68-212-108.

Defendants (1)

• CHEMETALL FOOTE CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• CHEMETALL FOOTE CORPORATION

  856 FOOTE LN., NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110000741314

• ROCKWOOD LITHIUM INC.

  856 FOOTE LANE, NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110000741314

• ROCKWOOD LITHIUM INC.

  856 FOOTE LANE, NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110000741314

• CHEMETALL FOOTE CORPORATION

  856 FOOTE LN., NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110000741314

Statutes cited

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

Enforcement conclusions (1)

• CHEMETALL FOOTE CORPORATIONentered 2010-12-27

  Primary law: RCRA

  Federal penalty: $57,000

Timeline (4 milestones)

• 2010-12-27Final Order Issued
• 2010-12-27Complaint Filed/Proposed Order
• 2011-01-04Enforcement Action Data Entered
• 2011-01-25Enforcement Action Closed