EPA v. SUN CHEMICAL CORPORATION

Case summary

ON NUMEROUS OCCASIONS BETWEEN MARCH 31, 1994, AND MAY 31, 1998, SUN CHEMICAL'S DISCHARGES OF PROCESS WASTEWATER TO THE MUSKEGON OUNTY WASTEWATER MANAGEMENT SYSTEM (MUSKEGON POTW) VIOLATED THE ALTERNATIVE OCPSF CATEGORICAL LIMITS (40 CFR PART 414), INCLUDING THE LIMITS FOR THE FOLLOWING TOXIC POLLUTANTS: BENZENE, CHLOROBENZENE, CHLOROFORM, DI-N-BUTYL PHTHALATE, METHYLENE CLORIDE, AND TOLUENE. SUN CHEMICAL VIOLATED AN INFORMATION REQUEST ISSUED TO SUN ON FEBRUARY 17, 1997, PURSUANT TO SECTION 308 OF THE CWA BY (I) FAILING TO PROVIDE WATER BALANCE INFORMATION REQUIRED IN ITEM 2 OF THE 1997 SECTION 308 REQUEST FOR 16 MONTHS AFTER SUN CHEMICAL RECEIVED THE REQUEST, AND (II) FAILING TO PROVIDE SUFFICIENT SAMPLING AND ANALYSIS DATA (SELF-MONITOR- ING DATA), AS REQUIRED BY ITEM 8 OF THE 1997 SECTION 308 REQUEST, TO DEMONSTRATE COMPLIANCE WITH THE ALTERNATIVE OCPSF CATEGORICAL LIMITS FOR CYANIDE AND SOMETIMES OTHER POLLUTANTS IN EACH MONTHLY REPORTING PERIOD FROM APRIL 1997 THROUGH JUNE 1998. EPA SEEKS INJUNCTIVE RELIEF TO REQUIRE SUN CHEMICAL TO (I) INSTALL APPROPRIATE TREATMENT SYSTEMS, UPGRADE EXISTING TREATMENT SYSTEMS, OR TAKE OTHER STEPS TO ACHIEVE COMPLIANCE WITH THE APPLICABLE ALTERNATIVE OCPSF CATEGORICAL LIMITS, (II) DEMONSTRATE CONSISTENT COMPLIANCE FOR A REASONABLE PERIOD, AND (III) FULLY COMPLY WITH THE REQUIREMENT OF SELF- MONITORING IN ITEM 8 OF THE 1997 SECTION 308 REQUEST. IN ADDITION, EPA BELIEVSES A SUBSTANTIAL PENALTY IS JUSTIFIED IN THIS CASE BECAUSE (I) OF THE POTENTIAL HARM TO THE MUSKEGON POTW THAT CONTINUAL VIOLATIONS PRESENT, (II) BY FAILING TO INSTALL SUFFICIENT CONTROL EQUIPMENT, SUN CHEMICALS HAS REALIZED A SIGNIFICANT ECONOMIC BENEFIT, AND (III) SUN CHEMICAL'S VIOLATIONS OF EPA'S REQUEST FOR INFORMA TION, WITHOUT IMPOSITION OF A PENALTY, DAMAGE A CRITICAL COMPONENT OF EPA'S ENFORCEMENT SYSTEM.

Defendants (1)

• SUN CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• SUN CHEMICAL CORPORATION

  4925 EVANSTON AVE., MUSKEGON, MI, 49443

  Registry ID: 110000410975

• SUN CHEMICAL CORPORATION

  4925 EVANSTON AVE., MUSKEGON, MI, 49443

  Registry ID: 110000410975

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• SUN CHEMICAL CORPORATIONentered 2007-10-29

  Primary law: CWA

  Federal penalty: $560,000

Timeline (8 milestones)

• 1998-09-30Referred To Dept Of Justice
• 1998-10-20Enforcement Action Data Entered
• 2005-06-03Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2007-10-29Complaint Filed With Court
• 2007-10-29Final Order Entered
• 2007-10-29Final Order Lodged
• 2007-11-28Enforcement Action Closed
• 2007-11-28NPDES Closed