Region 5 - Office of Regional Counsel

Below you will find a list of Region 5 cases which were negotiated successfully under U.S. EPA's Audit Policy ("Incentives for Self-Policing" Policy).

To be included in this list a case must satisfy two criteria: (1) the case involved violations to which EPA's Audit Policy was applicable, and (2) the regulated entity involved in the case was granted some level of relief from gravity-based penalties under the Policy. Accordingly, cases to which the Audit Policy did not apply and/or in which no relief was granted are not included here. Cases are organized by date of resolution, with the most recent resolutions being at the top.

Johnson Mathey Ceramics Corp.	Location:	Fairfield, Ohio
100% penalty reduction	Attorney contact:	David Star
	Relevant statute(s):	TSCA
	Date of disclosure:	9-13-99
	Date of resolution:	7-25-00
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None
Midwest Grain Products of Illinois	Location:	Pekin, Illinois
100% penalty reduction	Attorney contact:	Anthony Silvasi
	Relevant statute(s):	TSCA, IUR
	Date of disclosure:	10-14-99
	Date of resolution:	8-18-00
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None
North American Plastics Corp.	Location:	Aurora, Illinois
100% penalty reduction	Attorney contact:	James Entzminger
	Relevant statute(s):	EPCRA 311 & 312
	Date of disclosure:	12-30-99
	Date of resolution:	6-1-00
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None
American Lock Co.	Location:	Crete, Illinois
100% penalty reduction	Attorney contact:	Deirdre Tanaka
	Relevant statute(s):	EPCRA
	Date of disclosure:	8-24-99
	Date of resolution:	11-28-00
	How resolved:	CAFO
	% GPB reduced:	100%
	Additional notes:	None
Crossroads Farms Dairy	Location:	Indianapolis, Indiana
$ 5,000 penalty reduction	Attorney contact:	Terence Bonace
	Relevant statute(s):	EPCRA 313
	Date of disclosure:	12-21-99
	Date of resolution:	1-11-01
	How resolved:	CAFO
	% GPB reduced:	$5,000
	Additional notes:	None
Bradford White Corp.	Location:	Middleville, MI
100% penalty reduction	Attorney contact:	Tom Crosetto
	Relevant statute(s):	EPCRA 312 & 313
	Date of disclosure:	7-21-00
	Date of resolution:	1-13-01
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None
Occidental Chemical	Location:	Kenton, Ohio
100% penalty reduction	Attorney contact:	Tom Crosetto
	Relevant statute(s):	EPCRA 312 & 313
	Date of disclosure:	10-30-99
	Date of resolution:	1-19-01
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None
Moses Cohen & Sons Inc.	Location:	Cincinnatti, Ohio
100% penalty reduction	Attorney contact:	James Entzminger
	Relevant statute(s):	EPCRA
	Date of disclosure:	12-9-99
	Date of resolution:	5-8-00
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None
Decor Gravure Corp.	Location:	Illinois
100% penalty reduction	Attorney contact:	Heidi Bogda
	Relevant statute(s):	RCRA
	Date of disclosure:	03-05-99
	Date of resolution:	05-03-00
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None.
Lambent Technologies	Location:	Skokie, Illinois
100% penalty reduction	Attorney contact:	Dierdre Tanaka
	Relevant statute(s):	TSCA
	Date of disclosure:	07-02-99
	Date of resolution:	01-28-00
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None.
Barnes International	Location:	Chicago, Illinois
100% penalty reduction	Attorney contact:	Robert Smith
	Relevant statute(s):	TSCA
	Date of disclosure:	04-15-99
	Date of resolution:	08-11-99
	How resolved:	NOD
	% GPB reduced:	100%
	Additional notes:	None.
Dynachem	Location:	Georgetown, Illinois
100% penalty reduction	Attorney contact:	Susan Prout
	Relevant statute(s):	TSCA
	Date of disclosure:	05-19-98
	Date of resolution:	07-21-99
	How resolved:	NOV
	% GPB reduced:	100%
	Additional notes:	None.
Cousins Foods, Ltd.	Location:	Chicago, Illinois
75% penalty reduction	Attorney contact:	Bob Beauchamp
	Relevant statute(s):	EPCRA
	Date of disclosure:	11-20-97
	Date of resolution:	04-07-99
	How resolved:	CACO
	% GPB reduced:	75%
	Additional notes:	Cousins informed U.S. EPA that the Armitage facility also used at least one hazardous substance above the TPQ, and that it had not submitted a tier II form for calendar year 1996.  The proposed penalty in the complaint will be $1,500 and the amount in the CACO under rhe 75% reduction is $375.
Samson Hydrocarbons Co.	Location:	Saint Clair County, Michigan
75% penalty reduction	Attorney contact:	Sabrina Argentieri
	Relevant statute(s):	SDWA Section 1423 (UIC)
	Date of disclosure:	10-27-97
	Date of resolution:	02-03-99
	How resolved:	CACO
	% GPB reduced:	75%
	Additional notes:	None.
Keystone Steel & Wire	Location:	Peoria, Illinois
100% penalty reduction	Attorney contact:	Mary McAuliffe
	Relevant statute(s):	RCRA
	Date of disclosure:	05-30-97
	Date of resolution:	01-19-99
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
Mallinckrodt, Inc.	Location:	Mundelein, Illinois
100% penalty reduction	Attorney contact:	Richard Clarizio
	Relevant statute(s):	FIFRA Section 25
	Date of disclosure:	Original, 04-11-96; Supp., 05-23-97
	Date of resolution:	11-04-98
	How resolved:	CACO
	% GPB reduced:	100% ($719,800)
	Additional notes:	The Consent Agreement resolves over two hundred instances of Mallinckrodt’s improper branding and shipping of regulated pesticides; seven instances of failing to notify EPA of adverse effects on domestic animals from its pesticides and thirteen instances of failing to maintain appropriate records for child resistant packaging. The Consent Agreement represents a significant reduction in the penalty from $808,000.00 to $88,200.00 as a result of Mallinckrodt’s timely and complete disclosure of most of these violations under EPA’s audit policy. BACKGROUND: On November 4, 1998, the Region simultaneously filed with the Regional Hearing Clerk a Complaint and Consent Agreement and Consent Order (CACO) for the Mallinckrodt, Inc. The violations alleged in these documents were the result of Mallinckrodt’s compliance audit of its facility in Baton Rouge, Louisiana. The compliance audit took Mallinckrodt approximately one year to complete given the scope and complexity of its operations. During this time period Mallinckrodt made 28 separate disclosures of potential violations. The Region determined that a majority of the violations were reported in compliance with the self-disclosure criteria contained in EPA’s Self-Disclosure Policy. For these violations the Region also determined that there was negligible economic benefit. Consequently, under the Self-Disclosure Policy the Region reduced the gravity based component of the penalty by 100% thus eliminating penalties of $587,500.00. The Region also determined that Mallinckrodt did not comply with the Self-Disclosure Policy for certain other violations and thus did not qualify for the 100% reduction of the gravity based penalty. The Region did, however, determine that Mallinckrodt qualified under the FIFRA penalty policy for a 60% reduction in the gravity based penalty due to its self-disclosure and cooperation. Consequently, the Region reduced the penalty from $220,500.00 to $88,200.00.
Tioxide Americas, Inc.	Location:	Downers Grove, Illinois
100% penalty reduction	Attorney contact:	Thor Ketzback
	Relevant statute(s):	TSCA, EPCRA
	Date of disclosure:	06-19-97
	Date of resolution:	08-19-98
	How resolved:	Issuance of NOV
	% GPB reduced:	100%
	Additional notes:	None.
East Ohio Gas	Location:	Cleveland, Ohio
100% penalty reduction	Attorney contact:	John Steketee
	Relevant statute(s):	TSCA Section 15
	Date of disclosure:	06-08-95
	Date of resolution:	07-13-98
	How resolved:	CACO
	% GPB reduced:	100% ($1,247,460)
	Additional notes:	On July 13, 1998, Region 5 filed a Consent Agreement and Consent Order resolving 161 alleged violations of the Toxic Substances Control Act and the PCB regulation. The violations had been self-disclosed to the Agency by the East Ohio Gas Company (EOG). Pursuant to U.S. EPA’s Self-Disclosure Policy, Region V reduced the gravity portion of the proposed civil penalty of $1,247,460 by 100% and required EOG to pay a penalty of $193,260, which represented the economic benefit to EOG of the disclosed violations. As part of the settlement, EOG also certified that is currently in compliance with TSCA.
North Star Steel	Location:	Monroe, Michigan
100% penalty reduction	Attorney contact:	Christine Liszewski
	Relevant statute(s):	CAA, CWA, RCRA, EPCRA
	Date of disclosure:	05-16-97
	Date of resolution:	06-23-98
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
North Star Steel	Location:	St. Paul, Minnesota
100% penalty reduction	Attorney contact:	Christine Liszewski
	Relevant statute(s):	CAA, CWA, RCRA, EPCRA
	Date of disclosure:	05-16-97
	Date of resolution:	06-23-98
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
North Star Steel	Location:	Youngstown, Ohio
100% penalty reduction	Attorney contact:	Christine Liszewski
	Relevant statute(s):	CAA, CWA, RCRA, EPCRA
	Date of disclosure:	05-16-97
	Date of resolution:	06-23-98
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
Republic Engineered Steels	Location:	Canton, Ohio
100% penalty reduction	Attorney contact:	Christine Liszewski
	Relevant statute(s):	CAA, CWA, RCRA, EPCRA
	Date of disclosure:	02-25-97, 04-21-97
	Date of resolution:	06-23-98
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
Slater Steels, Inc.	Location:	Fort Wayne, Indiana
100% penalty reduction	Attorney contact:	Christine Liszewski
	Relevant statute(s):	CWA, RCRA
Ft. Wayne Specialty Alloys Division	Date of disclosure:	04-30-97
	Date of resolution:	06-10-98
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
Consolidated Container Corp.	Location:	Minneapolis, Minnesota
100% penalty reduction	Attorney contact:	Roger Grimes
	Relevant statute(s):	EPCRA (non-313)
	Date of disclosure:	01-28-97
	Date of resolution:	04-10-98
	How resolved:	Issuance of NOV
	% GPB reduced:	100% ($68,760)
	Additional notes:	Self-disclosure indicated that entity had violated EPCRA in ten separate ways, but had corrected all ten violations promptly and in accordance with Self-Disclosure Policy. It was determined that 100% of penalty that would have been sought would be eliminated.
Austeel Lemont Co., Inc.	Location:	Illinois
100% penalty reduction	Attorney contact:	Christine Liszewski
	Relevant statute(s):	CWA, RCRA, CAA, EPCRA
	Date of disclosure:	07-11-97
	Date of resolution:	03-31-98
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	Case resolved with letter. No formal complaint was filed, and no violations were pursued (in essence, due to the company's satisfying the criteria set forth in EPA's audit policy, EPA decided not to bring a case at all against the company).
Olin Corporation	Location:	East Alton, Illinois
75% penalty reduction	Attorney contact:	Gaylene Vasaturo
	Relevant statute(s):	RCRA, Section 3008
	Date of disclosure:	111-22-96
	Date of resolution:	01-08-98
	How resolved:	CACO
	% GPB reduced:	75%
	Additional notes:	Administrative Complaint & Proposed Penalty Order issued 10-24-97. Olin signed a CACO on 12-18-97, in which it consented to a civil penalty in the amount of $23,699.
INX International Ink Company	Location:	Elk Grove Village, Illinois
75% penalty reduction	Attorney contact:	Thor Ketzback
	Relevant statute(s):	TSCA Section 312
	Date of disclosure:	12-19-95
	Date of resolution:	September 1997
	How resolved:	CACO
	% GPB reduced:	75%
	Additional notes:	None.
Armstrong World Industries	Location:	Hilliard, Ohio
100% penalty reduction	Attorney contact:	John Steketee
	Relevant statute(s):	EPCRA Section 312
	Date of disclosure:	05-03-96
	Date of resolution:	07-02-97
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	None.
Thomas Saginaw Ball Screw	Location:	Saginaw, Michigan
$5,000 penalty reduction	Attorney contact:	Janice Loughlin
	Relevant statute(s):	EPCRA
	Date of disclosure:	11-92
	Date of resolution:	02-21-96
	How resolved:	CACO
	% GPB reduced:	$5,000 (percent unavailable)
	Additional notes:	None.
Stepan Company	Location:	Chicago, Illinois
20% penalty reduction	Attorney contact:	Richard Wagner
	Relevant statute(s):	FIFRA
	Date of disclosure:	04-08-94
	Date of resolution:	08-25-95
	How resolved:	CACO
	% GPB reduced:	20% ($2800)
	Additional notes:	A subsequent violation was also disclosed in 11-94.
Midwestern Machinery	Location:	Minneapolis, Minnesota
100% penalty reduction	Attorney contact:	Unknown/Program: R. Tanasijevich
	Relevant statute(s):	TSCA
	Date of disclosure:	Not available
	Date of resolution:	05-23-95
	How resolved:	Letter
	% GPB reduced:	100%
	Additional notes:	None.