# INDUSTRIAL CHEMICAL CORPORATION
> **Administrative - Formal** · FY1999 · — · Litigated With Penalty
## Case
- **Activity ID:** `7081`
- **Case Number:** 02-1999-3803
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $10K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- INDUSTRIAL CHEMICAL CORPORATION (complaint) (settlement)
## Summary

FACILITY FAILED TO PREPARE AND IMPLEMENT ON SPCC PLAN IN     ACCORDANCE WITH 40 CFR 112.7, AND FAILED TO AMEND SPCC       PLAN FOLLOWING CHANGES AT THE FACILITY.                      ********5/29/02                                                   THE RESPONDENT REQUESTED A HEARING; THE HEARING WAS     HELD WITH A SITE VISIT.  THE ALJ ISSUED AN INTIAL DECISION   GRANTING $11,475 IN PENALTIES.  THE RESPONDENT FILED AN      APPEAL BEFORE THE EAB.  ON OCTOBER 15, 2001 THE EAB ISSUED   A FINAL DECISION WHERE IT LOWER THE PENALTY TO $9,855 USING  THE CIVIL PENALTY POLICY INSTEAD OF THE CWA STATUTORY        PENALTY FACTORS.  ON OCTOBER 26, 2001, EPA FILED A MOTION    TO VACATE/RECONSIDER AND ON JANUARY 15, 2002 THE EAB ISSUED  AN ORDER GRANTING MOTION TO RECONSIDER AND DENYING MOTION    TO VACATE.  THE EAB ISSUED A REVISED FINAL DECISION ON       JANUARY 15, 2002 WHERE IT KEPT THE $9,855 PENALTY.  HOWEVER, THE BOARD AGREED WITH EPA'S POSITION THAT THE STATUTORY      PENALTY FACTORS RATER THAN AGENCY PENALTY POLICIES, ARE THE  GUIDEPOSTS IN ASSESSING PENALTIES IN A LITIGATION CONTEXT.

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