EPA v. CHICAGO SPECIALTIES, LLC

Case summary

THE CLEAN AIR ACT U.S. EPA SEEKS A PERMANENT INJUNCTION WHICH WOULD REQUIRE DEFENDANTS TO PROMPTLY COME INTO COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE CLEAN AIR ACT. MORE PARTICU- LARLY, U.S. EPA SEEKS INJUNCTIVE RELIEF FROM DEFENDANTS INCLUDING THE REPLACEMENT THEIR FACILITY'S CONTROL DEVICE, AND THE SUBMISSION AND MAINTENANCE OF VARIOUS REPORTS REQUIRED BY THE HON. SUCH INJUNCTIVE RELIEF SHOULD BRING DEFENDANTS' FACILITY BACK INTO COMPLIANCE WITH ALL APPLICA- BLE LAWS AND REGULATIONS, AND SHOULD REDUCE THE AMOUNT OF UNCONTROLLED VOCS CURRENTLY BEING EMITTED TO THE ENVIRON- MENT. U.S. EPA SEEKS A PENALTY OF NO LESS THAN $652,608 FOR THE VIOLATIONS OF THE CLEAN AIR ACT. THE CLEAN WATER ACT U.S. EPA SEEKS A PERMANENT INJUNCTION WHICH WOULD REQUIRE DEFENDANTS TO PROMPTLY COME INTO COMPLIANCE WITH THE APPLI- CABLE REQUIREMENTS OF THE CLEAN WATER ACT. MORE PARTICULAR- LY, U.S. EPA SEEKS INJUNCTIVE RELIEF TO REQUIRE DEFENDANTS TO DEVELOP AND IMPLEMENT AN SPCC PLAN FOR THEIR FACILITY AND ADJACENT AREAS WHERE DEFENDANTS OPERATE OIL STORAGE TANKS, WHICH MEETS ALL REGULATORY REQUIREMENTS. SUCH INJUNCTIVE RELIEF WOULD REDUCE THE POTENTIAL FOR OIL SPILLS FROM THE DEFENDANTS' FACILTY. U.S. EPA SEEKS A PENALTY OF NO LESS THAN $28,208 FOR THE VIOLATIONS OF THE CLEAN WATER ACT. RESOURCE CONSERVATION AND RECOVERY ACT THE U.S. EPA SEEKS A PERMANENT INJUNCTION WHICH WOULD REQUIRE DEFENDANTS TO PROMPTLY COME INTO COMPLIANCE WITH REQUIREMENTS OF RCRA'S SUBTITLE C REGULATORY PROGRAM AT THEIR FACILITY. THE U.S. EPA DOES NOT SEEK ANY OTHER INJUNCTIVE RELIEF IN REGARD TO RCRA AT THIS TIME. U.S. EPA SEEKS A PENALTY OF NO LESS THAN $124,255 FOR THE VIOLATIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT.

Defendants (3)

• PMC SPECIALTIES GROUPNamed in complaintNamed in settlement
• CHICAGO SPECIALTIES, L.L.C.Named in complaintNamed in settlement
• PMC, INC.Named in complaintNamed in settlement

Facilities (4)

• CHICAGO SPECIALTIES, LLC

  735 E 115TH ST, CHICAGO, IL, 60628

  Registry ID: 110012283411

• PMC INC SPECIALTIES GROUP

  735 E 115TH ST, CHICAGO, IL, 60628

  Registry ID: 110012283411

• PMC INC SPECIALTIES GROUP

  735 E 115TH ST, CHICAGO, IL, 60628

  Registry ID: 110012283411

• CHICAGO SPECIALTIES, LLC

  735 E 115TH ST, CHICAGO, IL, 60628

  Registry ID: 110012283411

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• CHICAGO SPECIALTIES, LLCentered 2003-04-18

  Primary law: CWA

  Federal penalty: $50,000 · State/local: $50,000 · SEP: $310,000

Timeline (5 milestones)

• 1999-09-28Referred To Dept Of Justice
• 1999-10-12Enforcement Action Data Entered
• 2003-02-06Complaint Filed With Court
• 2003-02-06Final Order Lodged
• 2003-04-18Final Order Entered