EPA v. BASF WYANDOTTE CORP.

Case summary

SYNOPSIS OF THE CASE ON SEPTEMBER 30, 1980, A COMPLAINT WAS FILED BY THE USEPA AGAINST BASF WYANDOTTE CORPORATION (BASF) UNDER SECTION 7003 OF RCRA, 42 USC S6973, AND SECTION 407 OF THE REFUSE ACT, 33 USC S407. THIS COMPLAINT CHARGED BASF WITH DISPOSING OF HA- ZARDOUS WASTES ON THEIR RIVERVIEW, MICHIGAN PROPERTY. THE COMPLAINT ALSO ALLEGED THAT THE DISPOSAL OF THESE HAZARDOUS WASTES BY BASF CREATED IN IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO HEALTH AND THE ENVIRONMENT. IN TERMS OF RELIEF, THE COMPLAINT SOUGHT AN ORDER FROM THE COURT REQUIRING BASF TO CEASE DISPOSAL OF HAZARDOUS WASTES AT ITS RIVERVIEW SITE. ADDITIONALLY, THE COMPLAINT SOUGHT AN ORDER FROM THE COURT REQUIRING BASF TO UNDERTAKE CERTAIN REMEDIAL ACTIONS AT THE RIVERVIEW SITE. IN SETTLEMENT OF THE ACTION, ON JULY 18, 1984, THE PARTIES ENTERED INTO A CONSENT DECREE. UNDER THE TERMS OF THE CON- SENT DECREE, BASF WAS REQUIRED TO UNDERTAKE SPECIFIC REMEDI- AL MEASURES AT ITS RIVERVIEW PROPERTY. IN ADDITION, BASF WAS REQUIRED TO INSTALL AT LEAST 9 MONITOR WELLS AT LOCA- TIONS DESIGNATED IN APPENDIX D OF THE CONSENT DECREE. BASF INSTALLED THE REQUIRED MONITOR WELLS ON FEBRUARY 5, 1985. HOWEVER, ON JUNE 19, 1985, WITHOUT THE PRIOR KNOWLED- GE AND APPROVAL OF USEPA, BASF PULLED AND PLUGGED THREE OF THE MONITOR WELLS WHICH WERE REQUIRED UNDER THE TERMS OF THE CONSENT DECREE. THIS CIVIL LITIGATION REPORT REQUESTS THAT A MOTION FOR CONTEMPT BE FILED AGAINST BASF FOR VIOLATING THE TERMS OF THE CONSENT DECREE. WE RECOMMEND THAT THE GOVERNMENT SEEK AN ORDER FROM THE CO URT REQUIRING BASF TO COMPLY WITH THE TERMS OF THE CONSENT DECREE. IN ADDITION, WE RECOMMEND THAT THE GOVERNMENT SEEK CIVIL PENALTIES PURSUANT TO THE STIPULATED PENALTIES PROVI- SION OF THE CONSENT DECREE.

Defendants (1)

• BASF WYANDOTTE CORP.Named in complaintNamed in settlement

Facilities (8)

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

• BASF CORPORATION

  1609 BIDDLE AVE., WYANDOTTE, MI, 481923799

  Registry ID: 110000494019

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• BASF WYANDOTTE CORP.entered 1988-06-09

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (7 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1986-09-30Referred To Headquarters
• 1987-07-21Complaint Filed With Court
• 1988-06-09Concluded
• 1988-06-09Enforcement Action Closed
• 1988-06-09Final Order Lodged
• 1988-06-09Final Order Entered