Dover Chemical’s HazardousWaste Problem Is BiggerThan a $14,000 Fine
EPA Region 5 ยท Dover, Ohio ยท Inspection: May 10, 2022 ยท Final Order: February 15, 2024
When EPA inspectors arrived at Dover Chemical’s facility in Dover, Ohio, they found drums of hazardous waste that no employee could identify โ unknown substances sitting in unlocked boxes, open to the sky and accessible to everyone on the plant floor.
What Money Cannot Cover: The Human Cost of Dover’s Negligence
Picture yourself clocking in for a morning shift at a chemical plant. You walk past a plastic storage box โ the kind you’d find at a hardware store โ sitting outside the Metalworking Research and Development Lab. Inside that box is a 55-gallon drum. The drum is labeled “Hazardous Waste.” The funnel on top is open. Nobody is adding anything to it. Nobody is removing anything from it. It is just open, exposed, and breathing into the air around it.
That drum was marked with the codes D001 and F003. D001 means the waste is ignitable โ it can catch fire. F003 is a spent solvent waste stream that includes chemicals like xylene and methyl isobutyl ketone, compounds that affect the nervous system, the liver, and the lungs with repeated exposure. The open funnel was not a minor paperwork error. It was an uncontrolled release pathway in the middle of a working facility.
The workers at Dover Chemical did not choose to work next to improperly stored hazardous waste. They showed up, did their jobs, and trusted that management was following the rules. That trust was misplaced. The plastic storage boxes holding these drums were not secured with locks and were accessible by all plant employees โ meaning anyone who walked by could interact with, disturb, or accidentally rupture a container holding federally classified hazardous material.
The second drum outside the Quality Control Laboratory carried the codes D019 and D022. D019 is benzene waste. D022 is chloroform waste. Both are recognized human carcinogens. Waste from the second-floor QC lab drained directly into this drum, which sat in another unlocked plastic box, outside, accessible to the full plant workforce. The people working in that lab were generating carcinogenic waste that accumulated below them โ and the container holding it had no security whatsoever.
Perhaps the most disturbing single detail in the entire EPA enforcement document is this: inside the Functional Additives Warehouse Building 2, inspectors found three full 55-gallon drums near blending tanks. Two were labeled “Hazardous Waste” with no further information about their contents. One was not marked in any way at all. A Dover employee questioned on-site was unable to identify the potential source of the material in those containers. A third-party contractor had already been called in to sample the drums just to figure out what was in them. Dover’s own people had no idea what they were storing.
Outside Building 2, in a lean-to structure, inspectors found yet more containers filled with unidentifiable materials. Most were not labeled. Employees did not know where the contents came from or what would happen to them. These were not edge cases or administrative oversights. This was a pattern of institutional negligence โ a company that generated hazardous waste, lost track of it, stored it improperly, and hoped the problem would resolve itself. It did not resolve itself. It sat there for 125 days, 35 days past the legal limit, until a contractor shipped 23 containers of it off-site.
The Timeline: How Long Dover Sat on Illegal Waste
The gold overlay shows the 35 illegal days beyond the 90-day permit exemption. Dover held 23 containers of hazardous waste for 125 days with no permit, no extension, and no plan.
Straight From the Document: What the EPA Actually Found
These are direct statements from the EPA’s own enforcement document. This is not characterization or interpretation. This is the government’s written account of what inspectors observed with their own eyes at Dover Chemical’s facility on May 10, 2022.
The Bigger Picture: Who Actually Pays for This
Public Health: Unknown Chemicals, Unprotected Workers
The hazardous waste codes documented by EPA inspectors tell a specific story about what Dover employees were being exposed to. The waste stream marked D001/F003 outside the Metalworking R&D Lab indicates ignitable spent solvents โ a category that includes xylene and methyl isobutyl ketone. Both are neurotoxic compounds with known occupational health risks including headaches, dizziness, and long-term neurological damage at chronic exposure levels. This drum sat open, in an unlocked box, with no active monitoring.
The drum outside the QC lab carried codes D019 (benzene waste) and D022 (chloroform waste). Benzene is a Group 1 human carcinogen โ meaning the scientific consensus is that it causes cancer in humans, full stop. Chloroform is a Group 2A probable human carcinogen. These were draining from the second floor of the lab into a drum in an unlocked box accessible to the entire plant workforce. Workers who may have had no idea what was in that drum could have interacted with, bumped, or been splashed by its contents.
The third drum outside the OPS Tech R&D lab carried codes D001, D019, and D022 โ a combination of ignitability, benzene waste, and chloroform waste in a single container. The cumulative exposure picture for workers who moved between these three areas is not something that gets measured in an expedited settlement agreement. It is simply not counted.
Economic Inequality: A $14,000 Fine Is Not Accountability
Dover Chemical Corporation is a specialty chemical manufacturer. The EPA settled every violation documented in this inspection โ open carcinogen-containing drums, unlabeled mystery waste, an expired emergency plan, 35 illegal days of unpermitted hazardous waste storage โ for $14,000 (roughly what it costs to replace a used car, or what a minimum wage worker in Ohio earns in about six months of full-time work). That is not a deterrent. That is a rounding error on a quarterly compliance budget.
Federal hazardous waste law under RCRA allows for civil penalties of up to $70,117 per day per violation for large quantity generators. Dover faced multiple violation categories across multiple locations, discovered during a single inspection. The $14,000 total โ settled through an expedited process that required Dover to admit only that it is subject to federal jurisdiction, not that it actually did anything wrong โ represents a fraction of what maximum enforcement would have looked like. The people who live near Dover Chemical’s facility in Dover, Ohio, population approximately 12,000, did not negotiate that discount. Their water table did not get a vote.
The fine is also, per the agreement, not deductible for federal tax purposes โ but that caveat only matters if the number is large enough to move the needle on a corporate tax return. At $14,000, it barely qualifies as a line item. Working families in Ohio pay more than that in federal taxes on a median household income. The corporation that generated unknown quantities of benzene, chloroform, and ignitable solvent waste and then lost track of it for four months paid less than most people pay in annual rent.
What Dover Paid vs. What the Law Allows
RCRA authorizes up to $70,117 per day per violation. Dover Chemical received a one-time $14,000 settlement covering all violations. The maximum statutory daily rate alone is five times higher than the total fine Dover paid for months of misconduct.
The Math That Should Make You Furious
This Is Ongoing. Here’s What You Can Do.
Dover Chemical’s president signed this agreement. The company paid $14,000 (about enough to cover one month’s rent for four families in Tuscarawas County) and certified that the violations were corrected. The EPA reserved the right to take further action for any past, present, or future violations. That reservation only matters if someone is watching.
Regulatory Watchlist
- EPA Region 5 โ Land Enforcement and Compliance Assurance Branch (the office that handled this case)
- Ohio EPA โ state-level enforcer of the Ohio hazardous waste management program
- OSHA โ federal workplace safety authority for chemical exposure hazards affecting Dover employees
- DOJ Environment and Natural Resources Division โ escalation pathway if criminal conduct is suspected
- ATSDR (Agency for Toxic Substances and Disease Registry) โ federal body that tracks community health impacts near chemical facilities
Corporate Role Spotlight
The EPA settlement was signed by Dover Chemical’s President (name is present on the physical document but not reproduced in the provided text). The EPA’s enforcement division, led by Division Director Michael D. Harris, approved the agreement. Both parties signed off on a $14,000 resolution of multiple serious hazardous waste violations.
What Accountability Looks Like From the Ground Up
If you live or work near Dover Chemical’s facility at 3676 Davis Road Northwest in Dover, Ohio, you have the right to request facility inspection records from the Ohio EPA and EPA Region 5 under federal Freedom of Information Act and Ohio Public Records law. Community groups in Tuscarawas County can file formal public comments with both agencies demanding increased inspection frequency. Mutual aid networks focused on environmental justice โ including local chapters of the Sierra Club, Earthjustice, and Ohio Environmental Council โ can provide legal resources and community organizing support at no cost to residents. The power to demand more than a $14,000 fine for a company that stored open drums of benzene waste near its workers starts with people in that zip code knowing it happened.
The source document for this investigation is attached below.
The expedited settlement agreement between the EPA and Dover Chemical can be found on the former’s website: https://yosemite.epa.gov/OA/RHC/EPAAdmin.nsf/Filings/7A7C1DA02D07755E85258AC40073E00C/$File/RCRA-05-2024-0002_ESA_DoverChemicalCorporation_DoverOhio_6PGS.pdf
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