On December 2, 2011, lodged a Consent Decree which will resolve a civil action for RCRA claims against Dupont for violations of Section 3008 of RCRA. The violations relate to the DuPont?s Secured Environmental Treatment Facility in Deepwater, New Jersey, at which DuPont accepted waste from outside generators via rail car. The Complaint against DuPont, which will be filed simultaneously in the District of New Jersey, alleges that DuPont committed the following violations: 1) Improperly returning hazardous waste to a generator in violation of 40 C.F.R. ? 262.12(c) and 40 C.F.R. ? 262.20(b); 2) Failure to Comply with an Information Request in violation of Section 3007 of RCRA; 3) Unpermitted Storage of Railcars containing hazardous waste in violation of Sections 3005(a) and (e) of RCRA and 40 C.F.R. ? 270.1(b); and 4) Inadequate secondary containment for those unpermitted rail car storage areas in violation of 40 C.F.R. ? 264.175(b).
The United States and DuPont have agreed to settle this matter for a penalty of $250,000.00. In addition, DuPont has agreed to only accept railcars after March, 2012 if adequate secondary containment is in place and its RCRA TSD permit has been amended to account for such containment. Prior to March 2012, DuPont will institute the following interim measures: 1) more accurately note the date and time railcars arrive at the Facility; 2) move railcars into certain designated sidings within 72 hours in order to consolidate rail cars for purpos