EPA v. ASHLAND CHEMICAL COMPANY

Case summary

I. SYNOPSIS OF THE CASE ASHLAND CHEMICAL COMPANY (DEFENDANT) OWNS AND OPERATES A FACILITY IN AKRON, OHIO AT WHICH DEFENDANT CONDUCTS CHEM- ICAL DISTRIBUTION OPERATIONS. THE FACILITY FORMERLY INCLU- DED AN UNDERGROUND TANK, INTO WHICH ALL SPILLS OF HAZARDOUS WASTS DURING TRANSFERS OF CHEMICALS ACCUMULATED. DEFENDANT OBTAINED INTERIM STATUS AUTHORITY UNDER RCRA TO OPERATE ITS HAZARDOUS WASTE MANAGEMENT FACILITY IN 1980. AFTER VIOLATIONS OF RCRA INTERIM STATUS REGULATIONS WERE DISCOVERED IN AN INSPECTION BY THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA), U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER (COMPLAINT) ON SEPTEMBER 19, 1985. THE ADMINISTRATIVE AJUDICATORY PROCEEDING INITIATED BY THIS COMPLAINT WAS RESOLVED BY A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED MAY 21, 1986, TO WHICH DEFENDANT AGREED ON MAY 6, 1987, AND IN WHICH DEFENDANT WAS REQUIRED, INTER ALIA, TO CLOSE ITS STORAGE TANK IN ACCORDANCE WITH RCRA INTERIM STATUS REGULATIONS AND AN APPROVED CLOSURE PLAN AND PAY $8,000.00 INI CIVIL PENALTIES. DEFENDANT HAS VIOLATED THE U.S. EPA CAFO BY FAILING TO CLOSE ITS STORAGE TANK IN ACCORDANCE WITH RCRA INTERIM STAT- US REGULATIONS AND THE APROVED CLOSURE PLAN.

Defendants (1)

• ASHLAND CHEMICAL CO.Named in complaintNamed in settlement

Facilities (1)

• ASHLAND DISTRIBUTION COMPANY

  200 DARROW ROAD, AKRON, OH, 44305

  Registry ID: 110000389302

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• ASHLAND CHEMICALentered 1988-08-08

  Primary law: RCRA

  Federal penalty: $78,214

Timeline (5 milestones)

• 1987-06-24Referred To Headquarters
• 1987-07-31Referred To Dept Of Justice
• 1987-10-09Complaint Filed With Court
• 1988-08-08Final Order Lodged
• 1988-08-08Final Order Entered