EPA v. SHERWIN WILLIAMS CO

Case summary

ON OR ABOUT MARCH 18, 1983, RESPONDENT SUBMITTED FINANCIAL ASSURANCE DOCUMENTATION PERTAINING TO FACILITY CLOSURE AND LIABILITY COVERAGE FOR INJURY TO THIRD PERSONS. THE DOCU- MENTATION WAS FOUND TO INADEQUATE. ON OR ABOUT FEBRUARY 15, 1984, THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) NOTIFIED RESPONDENT THAT ITS CHAMPLAIN AVENUE FACILITY WAS IN VIOLATION OF 35 ILL. ADM. CODE SECTION 725.243 ?REQUIRE- MENTS TO PROVIDE FINANCIAL ASSURANCE FOR FACILITY CLOSURE? AND 35 ILL. ADM. CODE SECTTION 725.247 ?REQUIREMENTS TO DEMONSTRATE FINANCIAL RESPONSIBILITY FOR INJURY TO THIRD PERSONS?. RESPONDENT HAS FAILED TO COMPLY WITH THE REQUIREMENTS OF 35 ILL. ADM. CODE SECTIONS 725.243, 725.247. SPECIFICALLY, RESPONDENT HAS FAILED TO ESTABLISH FINANCIAL ASSURANCE FOR CLOSURE OF THE CHAMPLAIN AVENUE FACILITY AND HAS FAILED TO DEMONSTRATE FINANCIAL RESPONSIBILITY FOR BODILY INJURY AND PROPERTY DAMAGE TO THIRD PERSONS CAUSED BY SUDDEN ACCIDENTAL OCCURENCES ARISING FROM THE OPERATION OF THE CHAMPLAIN AVENUE FACILITY. SEE, 40 CFR SECTION 265.143 AND 40 CFR SECTION 265.147.

Defendants (1)

• SHERWIN WILLIAMS CONamed in complaintNamed in settlement

Facilities (2)

• SHERWIN WILLIAMS COMPANY, THE

  11541 SOUTH CHAMPLAIN AVENUE, CHICAGO, IL, 60628-5795

  Registry ID: 110000434913

• SHERWIN WILLIAMS COMPANY CHICAGO

  11541 S. CHAMPLAIN AVE., CHICAGO, IL, 60628

  Registry ID: 110000434913

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• SHERWIN WILLIAMS CO

  Primary law: RCRA

  Federal penalty: $8,000

Timeline (4 milestones)

• 1984-07-30Enforcement Action Data Entered
• 1984-07-30Complaint Filed/Proposed Order
• 1985-02-11Compliance Achieved
• 1985-02-11Enforcement Action Closed