# FOAMEX
> **Administrative - Formal** · FY1999 · — · Final Order With Penalty
## Case
- **Activity ID:** `31563`
- **Case Number:** 05-1999-0208
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $4K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- FOAMEX (complaint) (settlement)
## Summary

FAILURE TO IMMEDIATELY REPORT THE RELEASE OF A HAZARDOUS     SUBSTANCE. RELEASE WAS 218 TIMES THE REPORTABLE QUANTITY.    ON MAY 5, 1997, THERE WAS A RELEASE OF 21,847 POUNDS OF      TOLUENE DIOSOCYANATE FROM THIS FACILITY.  TDI IS A CERCLA    HAZARDOUS SUBSTANCE WITH A 100 POUND RQ. FOZMEX NOTIFIED THE NRC THREE HOURS AND 59 MINUTES AFTER KNOWLEDGE OF THE RE-    LEASE, WHICH IS NOT IMMEDIATE PURSUANT TO CERCLA 103.  THE   RELEASE WAS A RESULT OF A TRANSFER PUMP THAT WAS LEFT UN-    ATTENDED DURING THE TRANSFER OF PRODUCT FROM A LONG TERM     SHORTAGE TANK TO A READY TO USE DAY TANK.  THE TDI OVER-     FLOWED INTO AN OVERFLOW TANK THEN OUT OF THAT TANK ONTO THE  PAVEMENT AND INTO A ADJACENT STROM DITCH.  DUE TO THE        CHARACTERISTICS OF TDI THE MATERIAL SOLIDIFIED IN THE WATER  AND DID NOT MIGRATE BEYOND THE FACILITY'S BOUNDARIES.        CASE CLOSED MAY 22, 2000 (SEE #8).

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