EPA v. CHEMIX CORPORATION

Case summary

BRIEF SYNOPSIS OF THE CASE CHEMIX CORPORATION OWNS AND OPERATES A CHEMICAL MANU- FACTURING PLANT IN BEREA, OHIO. WASTEWATER IS GENERATED IN ITS BATCH PROCESS WHEN MIXERS ARE WASHED DOWN. THE WASTE- WATER CONTAINS PHOSPHATE, AMMONIA, NITRITE, SILICATES, SODA ASH, CAUSTIC SODA, ORGANIC MATTER, CHROMIUM, ZINC, AND POSSIBLY NICKEL. THE WASTEWATER FLOWS TO A SUMP AND IS DISCHARGED, WITHOUT TREATMENT, TO A RAILROAD DRAINAGE DITCH WHICH FLOWS INTO ABRAM CREEK, A TRIBUTARY OF THE ROCKY RIVER, WHICH IS CLASSIFIED AS A STATE AND NATIONAL RESOURCE WATER. ALTHOUGH THESE WASTEWATER DISCHARGES HAVE APPARENT- LY OCCURRED SINCE 1972, CHEMIX HAS NEVER OBTAINED AN NPDES PERMIT. EPA, REGION V, LEARNED OF THESE DISCHARGES IN EARLY FEBRUARY 1984, AS A RESULT OF A CITIZEN'S CALL. THE STATE AND NATIONAL RESOURCE WATER DESIGNATION REPRESENTS THE HIGHEST USE AND PROTECTION LEVELS WHICH THE STATE CAN ASSIGN A BODY OF WATER, AND HAS BEEN USED TO PROTECT WATERS OF THE STATE WHICH ARE OF PARTICULAR SCENIC BEAUTY. SAMPLES TAKEN IN THE RAILROAD DITCH INDICATE PH OF 12 STANDARD UNITS, SUFFICIENTLY HIGH TO CAUSE CAUSTIC BURNS TO LIVING TISSUE. DUE TO THE POTENTIAL ENVIRONMENTAL THREAT PRESENTED BY THE UNPERMITTED DISCHARGES, IT WOULD BE DESIRABLE TO OBTAIN A JUDICIALLY ENFORCEABLE CONSENT DECREE OR ORDER TO COMPEL CHEMIX TO TAKE THE NECESSARY MEASURES TO COME INTO COMPLI- ANCE WITH THE STATUTORY PERMIT REQUIREMENT, AS WELL AS TO TREAT IT WASTEWATERR IN AN ENVIRONMENTALLY ACCEPTABLE MANNER. IT IS ALSO NECESSARY TO OBTAIN CIVIL PENALTIES, IN LIGHT OF THE LENGTHY HISTORY OR NONCOMPLIANCE, AND THE POTENTIALLY GREAT ENFIRONMENTAL THREAT PRESENTED BY THE POLLUTANTS DISCHARGED. AN ADMINISTRATIVE ORDER WOULD NOT BE APPROPRIATE, DUE TO THE NEED TO OBTAIN PENALTIES.

Defendants (1)

• CHEMIX CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CHEMIX CORPORATION

  55 1ST AVENUE, BEREA, OH, 44017

  Registry ID: 110000385208

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CHEMIX CORPORATIONentered 1989-11-15

  Primary law: CWA

  Federal penalty: $7,500

Timeline (6 milestones)

• 1984-03-29Referred To Dept Of Justice
• 1984-09-14Complaint Filed With Court
• 1989-11-15Final Order Lodged
• 1989-11-15Final Order Entered
• 1989-11-15Concluded
• 1989-11-15Enforcement Action Closed