EPA v. OCCIDENTAL CHEMICAL CO. /HOOVER
Unilateral Administrative Order Without Adjudication
Case summary
THIS IS A UNILATERAL ORDER ISSUED AFTER NEGOTIATIONS ON AN AOC FAILED. RESPONDENT, OCCIDENTAL CHEMICAL CO., FILE A RESPONSE TO THE UAO ON APRIL 27, 1993, BUT LATER WITHDREW THEM ON MAY 4, 1993 WHICH IS CONSIDERED TO BE THE EFFECTIVE DATE OF THE ORDER. 40 CFR 24 PROVIDES THAT UNILATERAL 3008(H) ORDERS BECOME EFFECTIVE 30 DAYS AFTER ISSUANCE UNLESS OPPOSED IN WHICH CASE THE RA FINAL DECISION DATE GOVERNS. AS THE OPPOSING MOTIONS WERE WITHDRAWN THAT IS CONSIDERED THE EFFECTIVE DATE OF THE PERMIT. THIS SITE WAS ONCE PROPOSED FOR THE NPL BUT LATER DEFERRED FOR ACTION UNDER RCRA. A CITIZENS GROUP HAS BEEN ACTIVELY INVOLVED IN THIS MATTER. THEY OPPOSED REISSUANCE OF AN NPDES PERMIT TO OCCIDENTAL FOR ITS DISCHARGE TO NEARBY WHITE LAKE.
Defendants (2)
- HOOVER
- OCCIDENTAL CHEMICAL CORPORATIONNamed in complaint
Facilities (1)
OCCIDENTAL CHEMICAL CORPORATION
7601 OLD CHANNEL TRAIL, MONTAGUE, MI, 494370295
Registry ID: 110000858144
Statutes cited
- RCRA 3008H — Interim Status Corrective Action Order
Timeline (3 milestones)
- 1993-03-25Complaint Filed/Proposed Order
- 1993-05-04Final Order Issued
- 1994-08-03Enforcement Action Data Entered
Case metadata
- EPA activity ID
- 28673
- Case number
- 05-1993-1567
- Lead agency
- EPA
- HQ division
- RCR
- Branch
- SWERB
- EPA region
- 05
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- Interim Status Corrective Action Order
Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1993-1567 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.