EPA v. FOAMEX

Case summary

FAILURE TO IMMEDIATELY REPORT THE RELEASE OF A HAZARDOUS SUBSTANCE. RELEASE WAS 218 TIMES THE REPORTABLE QUANTITY. ON MAY 5, 1997, THERE WAS A RELEASE OF 21,847 POUNDS OF TOLUENE DIOSOCYANATE FROM THIS FACILITY. TDI IS A CERCLA HAZARDOUS SUBSTANCE WITH A 100 POUND RQ. FOZMEX NOTIFIED THE NRC THREE HOURS AND 59 MINUTES AFTER KNOWLEDGE OF THE RE- LEASE, WHICH IS NOT IMMEDIATE PURSUANT TO CERCLA 103. THE RELEASE WAS A RESULT OF A TRANSFER PUMP THAT WAS LEFT UN- ATTENDED DURING THE TRANSFER OF PRODUCT FROM A LONG TERM SHORTAGE TANK TO A READY TO USE DAY TANK. THE TDI OVER- FLOWED INTO AN OVERFLOW TANK THEN OUT OF THAT TANK ONTO THE PAVEMENT AND INTO A ADJACENT STROM DITCH. DUE TO THE CHARACTERISTICS OF TDI THE MATERIAL SOLIDIFIED IN THE WATER AND DID NOT MIGRATE BEYOND THE FACILITY'S BOUNDARIES. CASE CLOSED MAY 22, 2000 (SEE #8).

Defendants (1)

• FOAMEXNamed in complaintNamed in settlement

Facilities (1)

• FOAMEX L P

  3005 COMMERCIAL RD., FORT WAYNE, IN, 46809

  Registry ID: 110000401253

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• FOAMEXentered 1999-11-18

  Primary law: CERCLA

  Federal penalty: $3,867

Timeline (4 milestones)

• 1999-03-09Complaint Filed/Proposed Order
• 1999-03-19Enforcement Action Data Entered
• 1999-11-18Final Order Issued
• 2000-05-22Enforcement Action Closed