EPA v. SHERWIN-WILLIAMS COMPANY

Case summary

REGION 5 PLANS ON REFERRING WITHIN THE APPROX. THE NEXT 30-DAYS A COMPREHENSIVE MULTI-MEDIA ENFORCEMENT CASE AGAINST THE SHERWIN-WILLIAMS COMPANY REGARDING A PAINT AN RESIN MANUFACTURING FACILITY AND RESEARCH CENTER IN CHICAGO. THIS CASE ARISES FROM A SERIES OF INSPECTIONS PERFORMED BY REGION 5 PROGRAM PERSONNEL OVER THE LAST 2 YEARS AND A MULTI-MEDIA INSPECTION BY NEIC PERSONNEL IN JANUARY AND FEBRUARY 1992. THE PRIMARY POLLUTANTS INVOVLED ARE VOLATILE ORGANIC COMPOUNDS, HEAVY METALS AND CAUSTIC WASTES. WE PLAN TO ALLEGE IN A CIVIL JUDUCIAL COMPLAINT: 1) VIOLATIONS OF THE FEDERAL IMPLEMENTATION PLAN UNDER THE CLEAN AIR ACT, INCLUDING FAILURE TO CERTIFY COMPLIANCE, INSTALL PROPER CONTAINMENT EQUIPMENT, EMPLOY ADEQUATE VESSEL-CLEANING PROCEDURES, OBTAIN NECESSARY PERMITS, AND CONDUCT A LEAK REQUIREMENTS UNDER THE CWA, INCLUDING VIOLATIONS OF LOCAL PRETREATMENT LIMITS AND FEDERAL OCPSF CATEGORICAL EFFLUENT STANDARDS; 3) VIOLATIONS OF WASTE HANDLING AND MANAGEMENT REQUIREMENTS UNDER RCRA, INCLUDING CLOSURE REQUIREMENTS FOR HAZARDOUS WASTE MANAGEMENT UNITS AND STORAGE AND DISPOSAL REQUIREMENTS, IN ADDITION TO REQUIRING CORRECTIVE ACTION; AND 4) VIOLATIONS OF CERTAIN REPRTING REQUIREMENTS UNER EPCRA. WE ALSO PLAN TO FILE A SEPARATE TSCA ADMINISTRATIVE COMPLAINT ALLEGING VIOLATIONS OF PCB STORAGE AND RECORD-KEEPING REQUIREMENTS.

Defendants (1)

• SHERWIN-WILLIAMS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SHERWIN WILLIAMS COMPANY CHICAGO

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

  Registry ID: 110000434913

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• RCRA 3008 — Res Conserv & Rec Act
• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• SHERWIN-WILLIAMS COMPANYentered 1997-12-01

  Primary law: CAA

  Federal penalty: $4,700,000

Timeline (6 milestones)

• 1992-07-28Enforcement Action Data Entered
• 1992-09-28Referred To Dept Of Justice
• 1993-07-16Final Order Lodged
• 1993-07-16Complaint Filed With Court
• 1997-12-01Final Order Entered
• 2000-11-01Enforcement Action Closed