United Steelworkers (USW) said today that it has taken the first step toward filing a lawsuit against OMNOVA Solutions, Inc. by providing notice of intent to file in United States Federal District Court. Parties joining in the USW suit are The Center for Health, Environment & Justice (CHEJ), and the Blue Ridge Environmental Defense League (BREDL).

The suit would fall under the Emergency Planning and Community Right-To-Know Act of 1986 for what appears to be insufficient reporting of the storage and release of toxic chemicals to the environment from the company’s Performance Chemicals Facility in Chester, S.C.  Product focus at this facility consists of chemicals for floor care, graphic arts, coatings, adhesives, tape, construction, paper and textiles.

In a letter sent today by USW, CHEJ and BREDL to fulfill the 60-day notice requirement to perfect jurisdiction to bring the citizen suit, the groups allege that the company failed to accurately complete and submit required Toxic Chemical Release Forms for 2008 and 2009 to report releases of Potassium Permanganate and Toluene Diisocyanate. The groups also allege that the company failed to report their 2008 releases of Isopropyl Alcohol. Under the law, OMNOVA could be subject to civil penalties up to $32,500 per violation, per day with liabilities that ultimately could reach millions of dollars ... more