EPA v. GREAT LAKES CHEMICAL CORP.

Case summary

GREAT LAKES CHEMICAL CORPORATION (HEREINAFTER 'GLCC') OWNS AND OPERATES A FACILITY IN EL DORADO, AR WHICH EXTRACTS BROMINE FROM SUBSURFACE BRINE AND PRODUCES BROMINE AND BRO- MINATED COMPOUNDS SUCH AS ETHYLENE DIBROMIDE (EDB) FOR COM- MERCIAL USE. GLCC HAS BEEN DISCHARGING PROCESS WASTEWATER FROM THE SODIUM HYDROGEN SULFIDE UNIT THROUGH OUTFALL 001 WHICH IS PERMITTED FOR UNONTAMINATED ONCE-THROUGH COOLING. 40 CFR 415.292 PROHIBITS THE DISCHARGE OF PROCESS WASTEWATERS TO NAVIGABLE WATERS AS WELL. A SAMPLE TAKEN BY THE ADPCE, INDICATED DIMETHYL DISULFIDE, MOLECULAR SULFUR, 2,4,6 - TRIBROMOPHENOL, AND 3,4 - DIBROMOPHENOL WERE BEING DIS- CHARGED. IN ADDITION, SAMPLES TAKEN BY GLCC, EPA AND ADPCE VERIFIED THAT THE DISCHARGE WAS CONTAMINATED BY VARIOUS ORGANICS AND EDB. ON MAY 2, 1988, A BREAK IN THE 001 DISCHARGE LINE OC- CURRED AND WAS NOT REPAIRED BY GLCC UNTIL MAY 4, 1988. THIS INCIDENT RESULTED IN A DISCHARGE TO BAYOU D'LOUTRE FROM AN UNAUTHORIZED POINT AND WAS OBSERVED BY EPA PERSONNEL. SAMPLES WERE ALSO TAKEN AND ANALYZED FOR ORGANICS, PESTI- CIDES, PCB AND EDB. SINCE 1983, GLCC HAS BEEN IN THE PROCESS OF CONTESTING CERTAIN TERMS OF ITS PERMIT WHICH WAS REISSUED ON SEPT 23, 1983 (EXHIBIT A) TO REPLACE A PRIOR PERMIT EXPIRED MARCH 31, 1981. PURSUANT TO THE JUDICIAL REVIEW PROCESS, SEVERAL PARAMETERS FOR OUTFALL 001 WERE STAYED BY THE JUDICIAL OFFICER INCLUDING NET CONDUCTIVITY, TOTAL RESIDUAL CHLORINE AND PH. OIL AND GREASE LIMITS AND MONITORING REQUIREMENTS WERE NOT STAYED, HOWEVER GLCC HAS NOT SUBMITTED ANY OIL AND GREASE ANALYSIS RESULTS FOR OUTFALL 001. GLCC HAS DISCHARGED CONTAMINATED STORMWATER FROM OUT- FALLS 002 AND 003. SAMPLES WHICH WERE TAKEN BY EPA CON- TRACTORS ON MAY 19, 1988 THROUGH MAY 26, 988 SHOWED CON- TAMINATION FROM EDB AND VARIOUS ORGANICS. GLCC IS ALSO DISCHARGING CONTAMINATED STORMWATER FROM TWO UNPERMITTED DISCHARGE POINTS. EPA PERSONNEL ALSO OBSERVED ON MAY 19, 1988 A BREAK IN CLASS V INJECTION WELL PIPELINE WHICH IS USED TO INJECT BRINE. THE WATER FROM THE BREAK WAS FLOWING INTO THE NEARBY CREEK. A SAMPLE WAS OBTAINED AND ANALYZED, WITH NO EDB FOUND TO BE PRESENT. FOR THE PAST FIVE YEARS, VARIOUS EFFLUENT LIMITS HAVE BEEN VIOLATED FROM OUTFALLS 001, 002, 003 AND 004. A SUMMARY OF THE VIOLATIONS IS ATTACHED AS EXHIBIT B. PART III.9 OF THE PERMIT REQUIRED THAT THE PERMITTEE COMPLY WITH THE TERMS OF THE JAN 10, 1983 CONSENT AO NO. LIS-82-0066, ISSUED BY ADPCE, AND SUBMIT ALL REPORTS TO THIS AGENCY ALONG WITH THE QUARTERLY DMRS. NO PROGRESS REPORTS HAVE EVER BEEN RECEIVED BY EPA. THIS REFERRAL SEEKS COMPLIANCE WITH THE CWA AND STATU- TORY PENALTIES FOR UNAUTHORIZED DISCHARGES IN VIOLATION OF THE ACT, 33 USC SECTION 1251 ET SEQ. THE ADMINISTRATOR, PURSUANT TO SECTION 309(B) OF THE ACT, 33 USC SECTION 1319 (B), MAY COMMENCE A CIVIL ACTION AGAINST THE CO FOR VIOLA- TIONS OF THE ACT.

Defendants (1)

• GREAT LAKES CHEMICAL CORP.Named in complaintNamed in settlement

Facilities (16)

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• GREAT LAKES CHEM

  P O BOX 1958, EL DORADO, AR, 71730

  Registry ID: 110000451109

• …and 1 more

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• GREAT LAKES CHEMICAL COentered 1994-03-31

  Primary law: CWA

  Federal penalty: $190,000

Timeline (7 milestones)

• 1989-02-08Enforcement Action Data Entered
• 1989-03-30Referred To Dept Of Justice
• 1990-10-23Complaint Filed With Court
• 1994-03-31Final Order Lodged
• 1994-03-31Final Order Entered
• 1994-03-31Concluded
• 1994-04-14Enforcement Action Closed