EPA v. MILLIKEN & COMPANY (MILLIKEN CHEMICAL-DEWEY PLANT)

Case summary

7/9/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $150,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JULY 10 AND SEPT 26, 2017, EPA AND DHEC CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AND A COMPLIANCE DEVELOPMENT INVESTIGATION EVALUATION (CDIE), RESPECTIVELY, AT THE FACILITY. FOLLOWING RECEIPT OF THE CEI AND CDIE BY MILLIKEN, EPA AND MILLIKEN CONDUCTED SEVERAL CONFERENCE CALLS AND AN IN-PERSON MEETING TO DISCUSS MILLIKEN'S INVESTIGATION INTO THE ALLEGED FINDINGS SET OUT IN THE CLOSING CONFERENCE FOR THE COMPLIANCE EVALUATION, THE CEI AND THE CDIE. DURING THE JULY 10, 2017, CEI, EPA OBSERVED RESPONDENT WAS STORING NUMEROUS CONTAINERS OF MATERIAL, AT VARIOUS STAGES OF PROCESSING, AT THE FACILITY'S FLAME PAD AREA AND OUTDOOR STORAGE AREA, LOCATED ADJACENT TO THE WASTE STORAGE PAD, THE PERMITTED HAZARDOUS WASTE STORAGE AREA, SOME FOR OVER A YEAR, W/OUT MAKING A HAZ WASTE DETERMINATION ON THESE WASTES. EPA ALLEGES RESPONDENT VIOLATED S.C. CODE ANN. REGS. 61-79-262.11 (40 CFR 262.11), BY FAILNG TO MAKE AN ACCURATE HAZ WASTE DETERMINATION ON THE WASTE STORED FOR MORE THAN A YEAR AT THE FACILITY'S FLAME PAD AREA AND OUTDOOR STORAGE AREA, W/OUT EITHER RETURNING THOSE WASTES TO THE PROCESS, RECYCLING OR SELLING AS A PRODUCT. FOLLOWING THE INSPECTION, BASED ON THE EPA'S CONTENTIONS AND QUESTIONS, MILLIKEN CONTENDED THAT IT CHARACTERIZED ALL THE MATERIAL IN QUESTION AND MANAGED THEM IN A COMPLIANT MANNER. IN THE REGULAR COURSE OF ITS OPERATIONS AT THE FACILITY, RESPONDENT GENERATES VARIOUS SPENT TETRAMER SOLID WASTE STREAMS. BASED ON THE INFO COLLECTED FROM RESPONDENT, RESPONDENT FAILED TO MAKE HAZ WASTE DETERMINATION ON THESE WASTES BETWEEN MARCH 2015 AND SEPT 2017. EPA ALLEGES RESPONDENT VIOLATED S.C. CODE ANN. REGS. 61-79-262.11 (40 CFR 262.11), BY FAILING TO MAKE TO MAKE AN ACCURATE HAZARDOUS WASTE DETERMINATION TO SPENT TETRAMER SOLID WASTE STREAMS GENERATED AT THE FACILITY BETWEEN MARCH 2015 AND SEPT 17. ON SEPT 13, 2018, MILLIKEN SUBMITTED ITS WRITTEN INVESTIGATIVE FINDINGS AND POSITIONS WITH RESPECT TO EPA'S FINDINGS AND ALLEGATIONS SET FORTH IN THE CEI AND CDIE AND FOLLOWED UP WITH SEVERAL SUPPLEMENTAL SUBMITTALS AS INFO DEVELOPED OR AS EPA REQUESTED ADD'L INFO. FOLLOWING THE INSPECTION, BASED ON THE EPA'S CONTENTIONS AND QUESTIONS, MILLIKEN CONTENTED IT IMPLEMENTED A RE-CHARACTERIZATION STUDY TO ACCURATELY CHARACTERIZE THE SPENT TETRAMER SOLID WASTE STREAM AND ADDRESSED ITS MGMT OF THE SPENT TETRAMER SOLID WASTE STREAM TO ENSURE COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAW AND REGS.

Defendants (2)

• MILLIKEN & COMPANYNamed in complaintNamed in settlement
• MILLIKEN CHEMICAL-DEWEY PLANTNamed in complaintNamed in settlement

Facilities (2)

• MILLIKEN CHEMICAL DEWEY PLANT

  1440 CAMPTON RD, INMAN, SC, 29349

  Registry ID: 110000498550

• MILLIKEN CHEMICAL DEWEY PLANT

  1440 CAMPTON RD, INMAN, SC, 29349

  Registry ID: 110000498550

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)

• MILLIKEN & COMPANY (MILLIKEN CHEMICAL-DEWEY PLANT)entered 2019-07-09

  Primary law: RCRA

  Federal penalty: $150,000

Timeline (4 milestones)

• 2019-07-09Final Order Issued
• 2019-07-09Complaint Filed/Proposed Order
• 2019-07-11Enforcement Action Data Entered
• 2019-08-09Enforcement Action Closed