EPA v. FMC CORPORATION

Case summary

'7/31/96: FMC IS THE WORLD''S LARGEST PRODUCER OF ELEMENTAL PHOSPHORUS, LOCATED IN POCATELLO, IDAHO, ON THE FORT HALL INDIAN RESERVATION. THE REFERRAL TO DOJ SEEKS THE FILING OF A CIVIL ACTION AGAINST FMC ALLEGING VIOLATIONS OF RCRA REGULATIONS. THE MOST EGREGIOUS RCRA VIOLATIONS INVOLVE ILLEGAL SURFACE IMPOUNDMENTS THAT FAILED TO OBTAIN INTERIM STATUS AND FAILED TO MEET MINIMUM TECHNOLOGY REQUIREMENTS. FMC HAS A HISTORY OF NONCOMPLIANCE. THE PROPOSED PENALTY IS $1,445,786.'

Defendants (1)

• FMC CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• FMC CORPORATION

  HWY 30 W OF CITY, POCATELLO, ID, 83201

  Registry ID: 110000773262

• FMC CORPORATION

  HWY 30 W OF CITY, POCATELLO, ID, 83201

  Registry ID: 110000773262

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• FMC CORPORATIONentered 1999-07-13

  Primary law: RCRA

  Federal penalty: $11,864,800

Timeline (9 milestones)

• 1993-07-12Enforcement Action Data Entered
• 1996-07-17Referred To Headquarters
• 1996-07-17Referred To Dept Of Justice
• 1998-10-16Final Order Lodged
• 1998-10-16Complaint Filed With Court
• 1999-07-13Final Order Entered
• 1999-07-13Concluded
• 2002-06-03Demand for Stipulated Penalties
• 2002-07-03Enforcement Action Closed