EPA v. SUN CHEMICAL CORP

Case summary

On September 30, 2004, Region 5 filed an Administrative Complaint and Compliance Order (Complaint) against Sun Chemical Corporation, 135 West Lake Street, Northlake, Illinois. The Complaint alleges that the company violated State law by failing to, 1) store drums in a manner that would not cause them to leak, 2) mark hazardous waste containers with accumulation date and the words, ?Hazardous Waste?, 3) maintain adequate aisle space, 4) keep accumulation containers closed when not in use, 5) file exception report within 45 days of delivery, 6) categorize and make a waste determination of unidentified waste, 7) limit period of hazardous waste storage to 90 days or less, thus operating without a permit. The Complaint proposes a civil penalty of $227,590. 06/24/2005 Based on information provided by Sun during facility inspections conducted by the U.S. EPA on June 6, 2003 and November 4, 2003, and Suns submittal of documents in response to an Information Request and a pre-filing meeting, it was determined that Sun failed to comply with certain regulations of RCRA. In essence, Sun stored drums in a manner that could cause them to leak, failed to properly mark containers resulting in operating without a permit, failed to maintain adequate aisle space, failed to keep satellite accumulation containers closed when not in use, failed to file an exception report within 45 days of delivery, failed to make a waste determination of unidentified waste and stored hazardous waste over 90 days without a permit or interim status. These actions violated regulations promulgated at Title 35 of the Illinois Administrative Code, Parts 702, 703, 722 and 725. U.S. EPA filed an Administrative Complaint and Compliance Order (complaint) in this matter on October 1, 2004. Prior to filing the complaint, the U.S. EPA issued a Notice and Opportunity to Show Cause (Show Cause letter) to Sun. After Sun met with the U.S. EPA (pre-filing meeting), Sun and the U.S. EPA agreed to settle the case. In the Show Cause letter, and in the complaint, U.S. EPA had proposed an administrative civil penalty of $227,590. For the purposes of settlement, a settlement penalty of $42,723 plus a $209,526 Supplemental Environmental Project was agreed upon.

Defendants (1)

• Sun Chemical CorporationNamed in complaintNamed in settlement

Facilities (1)

• SUN CHEMICAL CORP

  135 W LAKE ST, NORTHLAKE, IL, 60164-2427

  Registry ID: 110000431578

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• SUN CHEMICAL CORPentered 2005-06-24

  Primary law: RCRA

  Federal penalty: $42,723 · SEP: $209,526

Timeline (5 milestones)

• 2004-09-30Complaint Filed/Proposed Order
• 2004-10-13Enforcement Action Data Entered
• 2005-06-24Final Order Issued
• 2011-04-29Enforcement Action Closed
• 2011-04-29Compliance Achieved