EPA v. SIMPSON PAPER COMPANY

Case summary

DESCRIPTION OF DEFENDANTS' BUSINESS AND ENVIRON. VIOLATION SIMPSON PAPER COMPANY MANUFACTURES PULP BY THE KRAFT PROCESS AT SAMOA, CA. CHIPS ARE IMPORTED TO THE MILL FROM VARIOUS LUMBER MILLS IN NORTHERN CA. THE KRAFT PROCESS REQUI RES THAT LIGNINS BE REMOVED FROM THE WOOD CHIPS BEFORE THE FIBERS ARE USED IN THE PULP MAKING PROCESS. THIS IS ACCOMP- LISHED BY TREATMENT WITH SODIUM HYDROXIDE. ON MARCH 1, 1984, AT ABOUT 1:30 P.M., CAUSTIC SODA WAS BEING DISCHARGED FROM THE BARGE T/B PENNWALT TOTEM TO AN ONSHORE TANK OWNED BY SIMPSON. THE TRANSFER WAS BEING CONDUC TED BY SIMPSON PERSONNEL AND SIMPSON IS RESPONSIBLE FOR THE OPERATION. THE CREW FAILED TO PROPERLY ADJUST VALVES ON THE BARGE SO THAT 50% SOLUTION OF SODIUM HYDROXIDE FLOWED OUT OF THE MANHOLE COVERS ONTO THE DECK AND OVER THE STARBORD SIDE OF THE BARGE INTO EUREKA HARBOR. THE SPILL AMOUNTED TO 10,900 GALLONS. THE SPILL WAS DISCOVERED BY SHORE PERSONNEL AT ABOUT 3:30 P.M. CLEANUP WAS NOT FEASIBLE DUE TO THE TIME ELAPSED SINCE THE SPILL, THE SOLUBILITY IN WATER OF SODIUM HYDROXIDE AND THE RAPIDLY EBBING TIDE. EIGHT DAYS LATER, ON MARCH 9, 1984, BIOLOGISTS FROM THE CA DEPT. OF FISH AND GAME MADE DIVES IN THE VICINITY OF THE SPILL TO DETERMINE WHETHER THER E WAS ANY EFFECT ON MARINE LIFE. THE REPORT STATES THAT THE EFFECT IS DIFFICULT TO QUANTITATIVELY ASSESS, BUT THAT THERE WAS AN ADVERSE EFFECT ON MARINE LIFE. SODIUM HYDROXIDE IS A CAUSTIC THAT PRODUCES AN INCREASE IN THE PH OF WATER THAT,UNTIL DILUTED, WILL IRRITATE OR CORR ODE FISH AND OTHER MARINE ORGANISIMS. IT IS LISTED BY 40C.F. R. 116.3 AS A HAZARDOUS SUBSTANCE AND THE REPORTABLE QUANTIT Y ESTABLISHED BY 116.7 IS 1000 LBS. PREVENTION OF FUTURE INCIDENTS CAN BE ASSURED BY MOTI- VATION OF PERSONNEL. A CIVIL PENALTY IN THE AMOUNT PROVIDED IN CWA 311(B)(6) WILL BE A MOTIVATION.

Defendants (1)

• SIMPSON PAPER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SIMPSON PAPER CO HUMBOLDT PULP

  1900 BENDIXSEN ST, FAIRHAVEN, CA, 95564

  Registry ID: 110002148220

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• SIMPSON PAPER COMPANYentered 1987-11-27

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1985-01-10Enforcement Action Data Entered
• 1985-09-27Referred To Headquarters
• 1985-10-23Referred To Dept Of Justice
• 1986-09-18Complaint Filed With Court
• 1987-11-27Final Order Lodged
• 1987-11-27Final Order Entered
• 1987-11-27Concluded
• 1987-11-27Enforcement Action Closed