EPA v. DOW CHEMICAL CO BAY CITY PLT

Case summary

On November 5, 2004, U.S. EPA entered into an Administrative Order on Consent proceeding under the authority of Section 3008(h) of the Resource Conservation and Recovery Act (RCRA). This order imposes corrective action requirements on Dow to investigate, and remediate releases of hazardous constituents at its facility located in Bay City, Michigan. The Dow Chemical Bay City Plant is a former petroleum refinery and petrochemical plant that has been active from the 1930s until its closure in the 1980s. Environmental contamination at the Bay City Terminal consists mainly of BTEX compounds and some metals. Contamination is present in soils, groundwater, and sediments in the Saginaw River. Dow has implemented some interim measures at the facility on a voluntary basis. In 1985, Dow installed a groundwater collection tile system to collect contaminated groundwater and potential spills prior to discharge to the Saginaw River. In addition, Dow has undertaken land farming of oil-contaminated soils to stimulate biodegradation by tilling fertilizer into the soils. The effectiveness of the above measures have not been evaluated.

Defendants (1)

• DOW CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DOW CHEMICAL COMPANY

  4868 EAST WILDER ROAD, BAY CITY, MI, 48706-2245

  Registry ID: 110002349780

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• DOW CHEMICAL CO BAY CITY PLTentered 2004-11-05

  Primary law: RCRA

Timeline (2 milestones)

• 2004-11-05Final Order Issued
• 2004-11-18Enforcement Action Data Entered