"By preventing millions of pounds of pollutants from entering Missouri waterways, this settlement will help protect the environment and the health of nearby communities," said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine.
Today's settlement resolves water pollution and hazardous waste claims brought by the United States in a lawsuit filed in April 2019. In that lawsuit, the United States alleged that Dyno Nobel violated the Clean Water Act at both facilities by discharging pollutants such as ammonia, nitrate, pH, Total Suspended Solids, Biochemical Oxygen Demand, E. coli, and Nitroglycerin into Center Creek and the Mississippi River in amounts that exceeded the facilities' permitted limits; failing to properly sample and monitor discharges; and failing to appropriately manage stormwater. Additionally, Dyno Nobel violated the Clean Water Act by discharging wastewater at the Carthage facility into Center Creek that included unauthorized explosives and zinc in toxic levels. The United States also alleged that Dyno Nobel violated the Resource Conservation and Recovery Act by disposing of hazardous waste (including explosives) at both facilities without a permit, and at the Carthage facility, by failing to meet requirements for the generation and transportation of hazardous waste.
The consent decree requires Dyno Nobel to develop and revise pollution controls at both facilities to prevent unauthorized discharges of pollutants, and to investigate sources of contamination. These measures include: eliminating the discharge of high-strength wastewater at the Carthage facility; surveying and modifying the facilities' sewer systems to identify and eliminate locations with the potential to convey unauthorized discharges to waterways; developing and implementing best management practices and Operations and Maintenance (O&M) programs to reduce spills in, and prevent discharges from, the production areas; sampling soil and cleaning up contamination at the Carthage facility; and performing enhanced effluent monitoring to ensure unauthorized discharges are not occurring.
The settlement, lodged today in U.S. District Court for the Western District of Missouri, is subject to a 30-day public comment period and court approval.
More information on the settlement: https://www.epa.gov/enforcement/dyno-nobel-inc-missouri-information-sheet
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://echo.epa.gov/report-environmental-violations
US EPA, Office of Public Engagement, 1200 Pennsylvania Avenue NW, Washington, DC 20460 United States
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