Water, air, waste violations to cost Dow Chemical $2.5 million

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WASHINGTON, DC, Aug. 1, 2011 -- Under a new settlement, the Dow Chemical Company has agreed to pay a $2.5 million civil penalty to settle alleged violations of the Clean Water Act, Clean Air Act, and the Resource Conservation and Recovery Act (RCRA) at its chemical manufacturing and research complex in Midland, MI.

The water violations alleged in the complaint include violating the Clean Water Act's prohibition against discharging pollutants without a permit.

Other alleged infringements include violating Clean Air Act requirements for monitoring and repairing leaking equipment, for demonstrating initial and continuous compliance with regulations applicable to chemical, pharmaceutical and pesticide plants, and for failing to comply with reporting and recordkeeping requirements.

Dow also allegedly violated the Resource Conservation and Recovery Act's requirements for hazardous waste generators.

In addition to paying a penalty, Dow will implement a comprehensive program to reduce emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from leaking equipment such as valves and pumps.

"This compliance program should serve as a model for industry and will go a long way to assure future violations will not happen again at this facility,"‬ said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. "Dow worked cooperatively with the government to resolve this matter and in doing so set an example for responsible compliance with our nation's environmental laws."‬

The consent decree is subject to a 30-day comment period and final approval by the court.

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