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October 17, 2000
Vol. 30, No. 323
For additional information, contact Maria Taylor, Information and Education
Office, 302-739-4506.
DNREC Files Civil Suit Against Metachem Products;
Company Also Ordered to Remove Tank
Late yesterday, Department of Natural Resources and Environmental Control
Secretary Nicholas A. DiPasquale initiated a civil suit against Metachem
Products, LLC and Godel, Inc. (formerly Standard Chlorine of Delaware,
Inc.). Metachem owns and operates an industrial facility located in
Delaware City. Metachem acquired the company from Standard Chlorine
of Delaware and assumed operation of the Delaware City facility on or
about
Dec. 2, 1998.
According to Secretary DiPasquale, "This civil action should send
an unambiguous message to Metachem that the Department is moving aggressively
to bring this facility into compliance with the state's environmental
requirements. Metachem must focus its attention and commit its resources
to meeting our environmental protection standards if it wants to continue
to do business in Delaware. Nothing less is acceptable."
DNREC filed a civil Complaint in Superior Court against Metachem and
Godel for multiple violations of Delaware's laws and regulations governing
the control of air pollution.
As part of its production, Metachem operates a paradichlorobenzene
flaking process. The two violations relating to that operation and cited
in the Complaint are as follows:
- Failure to conduct a stack test and furnish the Department with
a written report of test results as required in its permit.
- Failure to meet the 81 percent reduction in volatile organic compounds
(VOCs) as required by the 1994 air pollution regulations. According
to recent stack test results, the average reduction was only 8 percent.
In this Complaint, DNREC seeks judgment against Metachem and Godel
for a civil penalty, court costs and any other relief that the court
deems appropriate. Under Delaware law, the penalty would be between
$1000 and $10,000 per violation, per day. DNREC is seeking the maximum
penalty.
The Secretary also issued an Imminent Hazard Order directing the company
to immediately address the potential danger posed by a seriously deteriorated
tank containing a solidified tetrachlorobenzene and trichlorobenzene
mixture known as "Tetra Tri." The waste which results from
the production of chlorobenzene, is a listed hazardous waste under both
state and federal law. The tank, referred to as T-11, is seriously corroded
and metal straps are being used to structurally support it.
Because the hazardous waste is in a solid form and currently contained,
the threat to public health and the environment is minimal, but the
condition of the tank presents a safety issue, especially for workers
on the property. The Secretary's Order addresses the need to immediately
prevent the possibility of a tank failure.
The Order requires the company to immediately implement measures to
structurally support the tank and to develop a plan to have the wastes
safely removed from the tank. Transport and proper disposal of the waste
off site must be included in the plan. Further, the company must retain
a qualified licensed contractor to close and remove the tank itself.
The Department must approve the plan and all procedural details associated
with tank closure and removal. The company will have 60 days after approval
of the plan to complete the work.
This Order follows quickly upon the Department's investigation of
an anonymous complaint concerning alleged hazardous waste violations
at Metachem's facility. The investigation revealed that the hazardous
waste mixture has been stored for at least 10 years and had never been
reported to DNREC as part of the inventory for this facility, nor had
the company ever obtained proper permits.
DNREC is investigating other allegations and potential violations at
the facility and additional enforcement actions may be forthcoming.
DNREC has also referred some issues to the U. S. Environmental Protection
Agency regarding the management of polychlorinated biphenyls (PCBs)
which are regulated under the federal Toxic Substances Control Act (TSCA).
EPA has exclusive authority for the management of PCBs under this federal
law.
According to Secretary DiPasquale, "The Department is initiating
a full-court press against this company. Either they clean up their
act or they find someplace else to do business."
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Document No. 40-01/00/10/07
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