EPA v. DIAMOND SHAMRCK-CHRO

Case summary

DIAMOND SHAMROCK CORP.-PAINESVILLE, OH. FILED 10/7/80, CIVIL ACTION #C80-1853. US DIST COURT FOR NORTH DIST OF OH. DIAMOND SHAMROCK CORP PRODUCED CHEMICALS CONTAINING CHROMIUM AT PAINESVILLE, OH FAC FROM OCT 1931 TO JAN 1972. CHROMATE WASTES WERE DEPOSITED ON SURFACE ON APPROX 30 ACRE AREA (CHROMATE SITE) ADJ TO & IMMED S OF CHROMATE PLANT. DIAMOND SHAMROCK'S SITE IS LOCATED IN A 100 YR FLOODPLAIN OF GRAND RIVER. GROUNDWATER TABLE BELIEVED FROM 0-10 FT BELOW SURFACE OF MOST OF SITE. FROM 1931-72 APPROX. 3/4 MILLION TONS CHROMATE WASTES WERE PLACED IN PILES ON SURFACE OF CHROMATE SITE. IN 1974 THE CHROMATE PLANT DEMOLISHED. PILES OF WASTES ON THE CHROMATE SITE WERE SPREAD OUT & SITE GRADED BY CO. FOLLOWING GRADING OPERATIONS WASTES WERE COVERED WITH A THIN CAP. THIS WAS INEFFECTIVE AT PREVENTING LEACHATE & MIGRATION & WITHIN 2 YRS WASTES BEGAN TO SURFACE ON-SITE. DIAMOND SHAMROCK COVERED SITE WITH FLY ASH BUT THIS HAS NOT PREVENTED MIGRATION OF CHROM WASTES INTO SOIL & WATERS. OF 3/4 MILL TONS OF WASTES ON-SITE, APPROX 7,500 TONS ARE HEXAVALENT CHROMIUM WASTES. HEXAVALENT CHROM (HEX) IS A KNOWN CARCINOGEN WHICH AFFECTS LUNGS, NOSE & SINUSES. AS OF 4/30/80 HEX WAS SPREAD OVER MAJOR PORTION OF SITE TO WITHIN 40 FT OF RIVER. RIVER SAMPLING ON JULY 31 AUG 1, 1980 AND AUG 13-14, 1980 REVEALED LEVELS OF HEX GREATER THAN THE PROPOSED EPA WATER QUALITY CRITERIA FOR AQUATIC LIFE. LITIGATION PLAN: THE CO HAS AGREED IN PRINCIPLE TO TECHNICAL & LEGAL FRAMEWORK FOR A SEC 3013 ORDER ON CONSENT. MTG IS SCHED FOR 10/29 FOR RESOLUTION OF TECHNICAL DETAILS. EPA & CO ARE EACH TO PREPARE A DRAFT SEC 3013 ORDER FOR DISCUSSION IN EARLY NOV. KATHY SUTULA, AUSA & B. NEWBERGER, REGN 5 ATTY, ARE ACTIVELY HANDLING THE CASE.

Defendants (1)

• DIAMOND SHAMRCK-CHRONamed in complaint

Facilities (1)

• DIAMOND SHAMROCK CORP. (PAINESVILLE WORKS)

  STATE ROUTE 535, PAINESVILLE, OH, 44077

  Registry ID: 110009304662

Statutes cited

• CWA 309 — Violation of Existing AO
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Timeline (6 milestones)

• 1980-05-20Referred To Headquarters
• 1980-09-15Referred To Dept Of Justice
• 1980-09-30Referred TO U.S. Attorney
• 1980-10-07Complaint Filed With Court
• 1983-07-14Concluded
• 1983-07-14Enforcement Action Closed