EPA v. S.C. JOHNSON & SON, INC.

Case summary

THIS CASE WAS FILED AS PART OF THE RCRA ENFORCEMENT BOILER ANDINDUSTRIAL FURNACE (BIF) INITIATIVE, ON SEPTEMBER 27, 1993. S.C.JOHNSON WAS CHARGED WITH VIOLATIONS OF THE BIF REGULATIONS AT 40 CFRSECTIONS 265 AND 266, INVOLVING FAILURE TO ESTABLISH A PROPER WASTEANALYSIS PLAN; EXCEEDENCE OF LEAD WEIGHT LIMITS; EXCEEDENCE OF ACHLORINE LEAD RATE; EXCEEDENCE OF AN ASH FEED RATE, FAILURE TO TAKEEFFECTIVE WASTE ANALYSIS SAMPLES; AND FAILURE TO GIVE PUBLIC NOTICE OFBIF ACTIVITIES. AFTER MEETING WITH THE FACILITY AND EXCHANGINGINFORMATION, U.S. EPA REVISED THE ORIGINAL PENALTY DOWNWARD FROM$1,466,475 TO $1,049,202, AND DROPPED THE SIXTH COUNT (FAILURE TO GIVEPUBLIC NOTICE) OF THE COMPLAINT. SUBSEQUENTLY, NEGOTIATIONS AREOCCURRING, AND BOTH SIDES ARE ATTEMPTING TO RESOLVE THIS CASE BY WAY OFA SEP OFFER AND CASH PENALTY PAYMENT BY S.C. JOHNSON & SON. THIS CASE INVOLVED A BIF - INITIATIVE ACTION, SEEKING PENALTIES ANDCORRECTIVE ACTION FROM AN OPERATOR (S.C. JOHNSON), WHO FAILED TO COMPLYWITH 40 CFR SECTIONS 265.13 AND 266.103, REQUIRING PROPER MONITORING,REGULATING AND DOCUMENTING/SAMPLING OF HAZARDOUS WASTE STREAMS BEING FEDINTO THE FACILITY'S BOILERS. THE PENALTY IS $1.4 MILLION AND WE HAVE ANORDER FOR IMMEDIATE COMPLIANCE ATTACHED TO THE COMPLAINT. WE HAVEPLANNED MEETINGS FOR INFORMAL RESOLUTION OF THE COMPLAINT, AS OF OCTOBER1993. SEP PROPOSED RECEIVED FROM S.C. JOHNSON. I WILL BE MEETING WITH ANNKERBS ON IT. THE INSPECTION WENT SMOOTHLY. ALSO, WE HAVE REOPENED NEGOTIATIONS ANDARE WORKING TOWARD A SEP-BASED SETTLEMENT. S.C. JOHNSON HAS BALKED AT RESUMING NEGOTIATIONS, SO FAR. WE AREEXERCISING PRECAUTION BY SENDING AN ORC ATTORNEY WITH OUR RCRA INSPECTOR(MR. JAE LEE) FOR HIS ANNUAL INSPECTION OF THE S.C. JOHNSON FACILITY.(THE FACILITY TELEPHONED US AND TOLD US THAT THEY WOULD BE SENDING ON OFTHEIR OUTSIDE COUNSEL TO ACCOMPANY AND QUESTION JAE LEE). THUS, THEINSPECTION IS SCHEDULED FOR MARCH 15 - 16, 1994. WE FILED A MOTION TO STRIKE 19 OF 21 AFFIRMATIVE DEFENSES, AS WELL AS IN- INFORMAL LETTER TO THE RESPONDENT TELLING THEM OUR POSITION (FORSETTLEMENT ON POSES) ON THE CHARGES OF THE COMPLAINT, UPON FURTHERCONSIDERATION OF THE FACTS, RCRA ENFORCEMENT REDUCED THE INITALPENALTIES TO $1,049,202. WE ALSO INDICATED A WILLINGNESS TO FURTHERNEGOTAITE. AFTER AN OCTOBER 1993 INFORMAL SETTLEMENT CONFERENCE, S.C. JOHNSON FILEDA FORMAL ANSWER AND INCLUDED TWENTY-ONE AFFIRMATIVE DEFENSES. UPONREVIEW, I CONSULTED WITH ANN KERBS AND DETERMINED TO FILE A MOTION TOSTRIKE SOME OF THE AFFIRMATIVE DEFENSES AS RESTATEMENT OF LAW OR FACT,AND IN LITIGATIVE PREPARATION FOR ACCELERATED DECISION. S.C. JOHNSONALSO SUBMITTED AN OFFER OF A PENALTY AMOUNT $20,000. FURTHERCOMMUNICATION AND NEGOTIATIONS WILL BE ATTEMPTED HERE.

Defendants (1)

• S.C. JOHNSON & SONNamed in complaintNamed in settlement

Facilities (2)

• JOHNSON S C AND SON INCORPORATED

  2512 WILLOW RD, STURTEVANT, WI, 531771964

  Registry ID: 110002044715

• JOHNSON S C AND SON INCORPORATED

  2512 WILLOW RD, STURTEVANT, WI, 531771964

  Registry ID: 110002044715

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• S.C. JOHNSON & SON, INC.entered 1995-08-25

  Primary law: RCRA

  Federal penalty: $50,000

Timeline (4 milestones)

• 1993-09-27Complaint Filed/Proposed Order
• 1994-06-13Enforcement Action Data Entered
• 1995-08-25Final Order Issued
• 1995-10-06Enforcement Action Closed