EPA v. OCCIDENTAL CHEMICAL CORPORATION

Case summary

4/12/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $42,500 DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 25 AND 26, 2013, INSPECTORS WITH EPA AND GAEPD CONDUCTED A RCRA CASE DEVELOPMENT INVESTIGATION/EVALUATION (CDIE) AT RESPONDENT'S FACILITY. AT THE TIME, INSPECTORS NOTICED WHAT APPEARED TO BE SPILLS OF SODIUM SILICATE AROUND TANKS 11 AND 14 IN THE ABOVEGROUND TANK FARM. EPA OBSERVED THAT THE SPILLED MATERIAL WAS FLOWING OVER LAND AND THRU THE DRAINAGE SYSTEM FROM THE PAD OF THE ABOVEGROUND TANK FARM FROM RAIN WATER DRAINAGE TO THE SIDE POND, THEN TO THE EAST POND, WHICH THEN DISCHARGES TO THE WEST POND. EPA COLLECTED TWO AQUEOUS SAMPLES FROM THE PUDDLES OF THE MATERIAL THAT WAS SPILLED AND ANALYZED THEM FOR pH. THE ANALYTICAL DATA WAS COMPARED TO RCRA REGULATORY STDS IN 40 CFR 261.22 OF pH LESS THAN OR EQUAL TO 2 OR GREATER THAN OR EQUAL TO 12.5. THE SAMPLE RESULTS YIELDED THA TTHE SPILL MATERIAL

Defendants (1)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OCCIDENTAL CHEMICAL CORPORATION – AUGUSTA SILICATE PLANT

  1620 MARVIN GRIFFIN ROAD, AUGUSTA, GA, 30906

  Registry ID: 110002439102

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004VU — TSD Corrective Action
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORPORATIONentered 2018-04-12

  Primary law: RCRA

  Federal penalty: $42,500

Timeline (4 milestones)

• 2018-04-12Final Order Issued
• 2018-04-12Complaint Filed/Proposed Order
• 2018-05-17Enforcement Action Data Entered
• 2018-05-17Enforcement Action Closed