EPA v. CUSTOM CHEMICALS, INCORPORATED

Case summary

EPA Region 5 issued a Consent Agreement and Final Order to Custom Chemicals, Incorporated, located in Springfield, Illinois, on September 30, 2014. This CAFO was based on an October 11, 2011 referral from the Illinois Environmental Protection Agency to Region 5. Custom Chemicals failed to conduct hazardous waste determinations for a number of wastes that were placed on the ground at the site, and failed to meet the exemption criteria for a hazardous waste storage permit. In the pre-filing letter, EPA proposed an administrative civil penalty of $215,031. Custom Chemicals was a small business with a substantial inability to pay. After a financial analysis, and for the purposes of settlement, the parties agreed to a $250 penalty. The CAFO did not include injunctive relief because Custom Chemicals spent approximately $80,000 to complete clean-up of the contaminated areas prior to the issuance of the CAFO in response to IEPA and EPA actions. Closure was documented and approved in an Illinois EPA RCRA Closure Final Action letter to Custom Chemicals dated October 28, 2013.

Defendants (1)

• CUSTOM CHEMICALS,INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• GLOBAL COATING SOLUTIONS INC

  4524 INDUSTRIAL DR, SPRINGFIELD, IL, 62703-5316

  Registry ID: 110018448143

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CUSTOM CHEMICALS, INCORPORATEDentered 2014-09-30

  Primary law: RCRA

  Federal penalty: $250

Timeline (3 milestones)

• 2014-09-30Final Order Issued
• 2014-09-30Complaint Filed/Proposed Order
• 2014-10-01Enforcement Action Data Entered