A federal judge has approved a settlement between the Environmental Protection Agency and a Henry, Ill., PVC resin manufacturing plant accused of multiple hazardous waste and improper emissions violations.
The agreement resolves a decade-long dispute that began with EPA inspections in September 2004 of a plant then owned and operated by PolyOne Corp. The facility uses vinyl chloride to make door panels, textile inks, carpet backing and other products.
Mexichem Specialty Resins Inc., which also accepted the settlement, acquired PolyOne’s vinyl resin assets, including plants in Illinois and New Jersey, in 2013. The settlement also covers the New Jersey plant.
U.S. District Judge Sara Darrow, Image: www.adayinthewife.com
Under the consent decree signed by U.S. District Judge Sara Darrow, PolyOne will pay a civil penalty of $245,000 to the federal government and a $35,000 penalty to Illinois.
Other aspects of the agreement include three supplemental environmental projects costing about $800,000 and a commitment to comply with federal and state environmental laws and regulations. According to PolyOne, the projects are essentially complete.
Kyle Rose of PolyOne’s corporate media relations office said, “We are pleased to 
have co-operatively resolved the matters identified at PolyOne’s former facilities in Henry, Ill. and Pedricktown, N.J., arising in connection with EPA’s industry multimedia review of PVC manufacturers.”
In her decision, Darrow said, “While the facility upgrades and procedural changes mandates, along with the fine of $245,000 plus interest will come at a cost to PolyCorp and Mexichem, there is little doubt that the terms of the decree are far less financially exacting than the companies’ full potential statutory liability.”
She noted that some of 26 original charges in the suit carry potential maximum daily fines of $27,500 to $37,500.
According to litigation filed by the EPA and Illinois, the plant violated the Clean Air Act and state Environmental Protection Act by failing to comply with leak detection and repair standards and failed to keep records required for a repair verification test.
The suit also alleged violations of the Resource Conservation and Recovery Act and state regulations by discharging wastewater with a permit and without sampling for hazardous wastes, improper storage of ignitable material and failing to obey requirements for tank systems.
The EPA had no statement on the settlement, according to Phillippa Cannon, press team leader for the agency’s regional office in Chicago.