EPA v. LILLY INDUSTRIES, INC.

Case summary

1) LILLY (GENERATOR) DID NOT IMPLEMENT A PLAN OR ANY OTHER METHOD TO CONTROL THE AIR EMISSIONS IN ACCORDANCE WITH 40 CFR 265.1087 WHILE TREATING WASTE GELCOAT IN OPEN CONTAINERS 2) LILLY DID NOT DETERMINE THE AVERAGE VOLATILE ORGANIC (VO) CONCENTRATION OF WASTE GELCOAT PRIOR TO PLACING THE WASTE IN A WASTE MANAGEMENT UNIT IN VIOLATION OF 40 CFR 265.1084. THE ABOVE VIOLATIONS WERE DISCOVERED DURING AN INSPECTION CONDUCTED BY IDEM ON SEPTEMBER 5, 1997. IDEM SENT A REFERRAL TO THE U.S. EPA DATED OCTOBER 30, 1997 INCLUDING THE SUBPART CC VIOLATIONS FOR WHICH THE STATE OF INDIANAN IS NOT AUTHORIZED. AMOUNT OF STYRENE (VOC) IS REALLY 1.87 POUNDS PER HR.

Defendants (1)

• LILLY INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• VALSPAR INDUSTRIES INCORPORATED

  28335 CLAY STREET, ELKHART, IN, 46517

  Registry ID: 110000398953

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• LILLY INDUSTRIES, INC.entered 1998-11-05

  Primary law: RCRA

  Federal penalty: $22,000

Timeline (4 milestones)

• 1998-03-18Enforcement Action Data Entered
• 1998-05-01Complaint Filed/Proposed Order
• 1998-11-05Final Order Issued
• 1998-12-01Enforcement Action Closed