# DIETZGEN
> **Administrative - Formal** · FY1998 · — · Final Order With Penalty
## Case
- **Activity ID:** `31132`
- **Case Number:** 05-1998-0545
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $62K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** Y
## Defendants
- DIETZGEN (complaint) (settlement)
## Summary

RELEASE OF NOX AND FAILURE TO REPORT USE OF 3 CHEMICALS.     ON SEPTEMBER 17, 1998, U.S. EPA FILED A COMPLAINT FOR        $92,198 AGAINST DIETZGEN, ALLEGING VIOLATIONS OF CERCLA      SECTION 103 AND EPCRA SECTIONS 304 AND 312.  THE COMPLAINT   ALLEGED THAT DIETZGEN FAILED TO PROMPTLY NOTIFY THE NATIONAL RESPONSE CENTER, STATE EMERGENCY RESPONSE COMMISSION, AND    LOCAL EMERGENCY PLANNING COMMITTEE OF A RELEASE OF NITROGEN  DIOXIDE, AS WELL AS FAILED TO FILE COMPLETED EMERGENCY       AND HAZARDOUS CHEMICAL INVENTORY (TIER) FORMS FOR CALENDAR   YEARS 1994-1996.  THE RELEASE OF NITROGEN DIOXIDE AT THE     DIETZGEN FACILITY OCCURRED WHEN 21 LITERS OF 98 % NITRIC     ACID WAS POURED INTO A 55 GALLON DRUM CONTAINING 30 GALLONS  OF METHYL ETHYL KETONE (MEK).  BASED ON DIETZGEN'S CO-       OPERATIVE ATTITUDE, NEWLY PRESENTED EVIDENCE TO U.S. EPA     ON THE AMOUNT OF NITROGEN DIOXIDE RELEASED, AND THE REACHING OF A SETTLEMENT IN PRINCIPAL WITHIN 90 DAYS, U.S. EPA MITI-  GATED THE PENALTY TO $61,810 FOR SETTLEMENT.  ON FEBRUARY    24, 1999, THE ACTING REGIONAL ADMINISTRATOR, U.S. EPA REGION 5, SIGNED A CONSENT AGREEMENT AND CONSENT ORDER (CACO) FOR   THIS CASE.  THE FINAL INSTALLMENT PAYMENT FOR THIS CASE WAS  MAILED ON FEBRUARY 14, 2000.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*