EPA v. LOWE'S HOME CENTERS, INC

Case summary

ON JUNE 4, IDNR RESPONDED TO A COMPLAINT FROM A WORKER AT LOWE'S HOME CENTER THAT OTHER EMPLOYEES WERE DUMPING DIAZINON ON THE GROUND NEAR A WETLAND. THE BOTTLES OF DIAZINON WERE MISLABELED, AND RATHER THAN SENDING THE BOTTLES BACK TO ORTHO, A SUPERVISOR DECIDED TO DUMP THE CONTENTS OF THE BOTTLES ON THE GROUND OUTSIDE OF THE BUILDING. ONE BOTTLE CONTAINS ENOUGH DIAZINON TO MAKE 1200 GALLONS OF SPRAY. DIAZINON HAS A 1 POUND REPORTABLE QUANTITY. THE DIAZINON DID MIGRATE INTO A MARSH NEAR THE STORE. DIAZINON IS TOXIC TO WILDLIFE. LOWES DID NOT IMMEDIATELY NOTIFY THE NRC, SERC, OR LEPC OF THE RELEASE. ADMINISTRATIVE CERCLA COMPLAINT FILED ALLEGING FAILURE TO IMMEDIATELY NOTIFY NRC OF RELEASE OF HAZARDOUS SUBSTANCE.

Defendants (1)

• LOWE'S HOME CENTERNamed in complaintNamed in settlement

Facilities (1)

• LOWES HOME CENTERS #53

  4430 ILLINOIS RD, FT WAYNE, IN, 46804

  Registry ID: 110003130816

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• LOWE'S HOME CENTERS, INCentered 1999-04-20

  Primary law: CERCLA

  Federal penalty: $5,156

Timeline (4 milestones)

• 1998-04-23Enforcement Action Data Entered
• 1998-09-17Complaint Filed/Proposed Order
• 1999-04-20Final Order Issued
• 2000-01-24Enforcement Action Closed