EPA v. OLIN CORPORATION

Case summary

OLIN CORPORATION, A VIRGINIA CORPORATION, OPERATES A FACILITY IN EAST ALTON, ILLINOIS. AN INSPECTION WAS HELD BY EPA REPRESENTATIVE ON JUNE 22, 1994. THE FACILITY WAS FOUND TO HAVE 2 PCB TRANSFORMERS AND 9 PCB CONTAMINATED TRANSFORMERS. WOODEN PALLET WAS FOUND WITHIN FIVE METERS OF ONE OF THE TRANSFORMERS (300 KVA MADE BY I.T.E. IMPERIAL CORPORATION). THE LOCATION IN PROXIMITY TO THE PALLET WAS A VIOLATION OF 40 CFR 761.30(A)(L)(VIII). A RELEASE OF PCBS FROM A DEVICE KNOWN AS NA AEROFALL MILL ELECTROMAGNETIC SEPERATOR ALSO OCCURRED BETWEEN APRIL 6 AND MAY 2, 1994. THE MATERIAL WAS REMEDIATED WITH AN ABSORBENT MATERIAL. THIS PCB LADEN MATERIAL WAS THEN SHIPPED IN 2 LAIDLAW WASTE SYSTEM, ROLLOFF BOXES TO LAIDLAW'S ROXANA, IL FACILITY DURING APRIL 1994. THE MANIFESTS DESCRIBED THE WASTE SHIPMENTS AS NON-HAZARDOUS AND OIL CONTAMINATED WASTE. THE FACILITY WAS NOT THEN AUTHORIZED TO ACCEPT TSCA WASTE. THE DISPOSAL AT AN UNAPPROVED DISPOSAL FACILITY VIOLATED 40 CFR 761.60. THE COMPLAINT ALSO ALLEGES THIS TO CONSTITUTE AN UNLAWFUL DISTRIBUTION IN COMMERCE AND VIOLATION OF 40 CFR 761.20(C). THE COMPLAINT ALSO ALLEGES VIOLATIONS OF MANIFEST REQUIREMENTS UNDER 40 CFR 761.207(A)(2). A TOTAL PENALTY OF $34,000 IS PROPOSED. ON JUNE 22, 1994, A REPRESENTATIVE OF THE U.S. EPA INSPECTED THE OLIN CORP. FACILITY LOCATED AT 427 NORTH SHAMROCK ST., EAST ALTON, ILLINOIS, AND NOTED VIOLATIONS OF THE STORAGE, DISPOSAL, DISTRIBUTION AND MANIFESTING REQUIREMENTS OF THE PCB RULES FOUND AT 40 C.F.R. PART 761. OILY WASTES CONTAINING PCB'S FROM A LEAK AT THE FACILITY WERE IMPROPERLY DISPOSED OF AT LANDFILL THAT WAS NOT AN APPROVED TSCA LANDFILL. OLIN SELF REPORTED THE VIOLATIONS ASSOCIATED WITH THE IMPROPER DISPOSAL OF PCB'S. BASED THE INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS POLICY DATED DECEMBER 22, 1995, U.S. EPA AGREED TO MITIGATE THE PROPOSED CIVIL PENALTY FROM $34,000 TO $5,525 BASED ON OLIN'S SELF-REPORTING, IN ADDITION TO THE COMPANY'S COOPERATION AND GOOD ATTITUDE.

Defendants (1)

• OLIN CORPORATIONNamed in complaintNamed in settlement

Facilities (6)

• OLIN CORPORATION

  427 N. SHAMROCK ST., EAST ALTON, IL, 620241197

  Registry ID: 110000438688

• OLIN CORPORATION

  427 N. SHAMROCK ST., EAST ALTON, IL, 620241197

  Registry ID: 110000438688

• OLIN CORPORATION

  427 N. SHAMROCK ST., EAST ALTON, IL, 620241197

  Registry ID: 110000438688

• OLIN CORPORATION

  427 N. SHAMROCK ST., EAST ALTON, IL, 620241197

  Registry ID: 110000438688

• OLIN CORPORATION

  427 N. SHAMROCK ST., EAST ALTON, IL, 620241197

  Registry ID: 110000438688

• OLIN CORPORATION

  427 N. SHAMROCK ST., EAST ALTON, IL, 620241197

  Registry ID: 110000438688

Statutes cited

• TSCA 16 — Toxic Sub Control Act

Enforcement conclusions (1)

• OLIN CORPORATIONentered 1996-11-20

  Primary law: TSCA

  Federal penalty: $5,525

Timeline (4 milestones)

• 1996-05-21Complaint Filed/Proposed Order
• 1996-05-31Enforcement Action Data Entered
• 1996-11-20Final Order Issued
• 1997-08-01Enforcement Action Closed