1. ENV 4200 Dr. Thomas Bellinger Spring 2012
Silco Distributing Vs.
The EPA
By: Armando Calderon

2. Armando Calderon
Policy and Planning ENV 4200
Stapleton Airport was Denver, Colorado’s primary airport from 1929 to 1995. Major airlines such
as TWA, People Express, Frontier Airlines, Western Airlines, as well as Continental Airlines used the
airport as a hub for major arrivals and departures. The factors leading to the decommissioning of the
airport included, limited space of expansion, noise complaints, and the increase threat of the safety of
the expanding community, thus Denver International Airport was built to help avoid these factors,
(Wikipedia 2012). Prior to the development of DIA, a lawsuit was brought to the attention of Silco
Distributing Co. on behalf of the EPA, stating that the company was under administrative penalty under
subsection 309(g) of the Clean Water Act. (1993). Silco Distributing is a company that provided
wholesale de-icing fluid for planes, and had a contract with Continental Airlines during the incident to
supply de-icing fluid for all planes on the runway before departure. According to court documents
retrieved from the EPA, “On August 3, 1991, a severe storm caused runoff to take a subterranean route,
undermining the asphalt pad where the tanks were located. One of the surrounding tanks fell against
the concrete wall surrounding the tanks, breaking a pipe causing 2857 gallons of 24% ethylene glycol to
spill into a drainage ditch 200 feet south of Sand Creek, which is a “navigable water” with the meaning
of Section 502 ( 7) of the Act, 33 U.S.C § 1362(7). Ethylene glycol is a “pollutant” within the meaning of
Section 502(6) of the Act, 33 U.S.C. § 1362(6), (1993). A document created to describe the effects on
Ethylene Glycol by The American Chemistry Council’s Ethylene Glycol Panel, has described ethylene
glycol as a hazardous chemical that can result in a rapid reduction or depletion of dissolved oxygen
levels in a receiving waterway. In some cases, a significant reduction in dissolved oxygen may result in
levels too low to support aquatic life, (2000). Ethylene glycol has been shown to produce toxic effects in
rats. Studies have shown it may cause kidney damage and moderate liver damage when administered
chronically in the diet. Inhalation exposure causes nausea, throat irritation, and dizziness.

3. Musculoskeletal abnormalities and craniofacial defects were observed in the offspring of pregnant rats
given high doses of ethylene glycol orally. (EPA ,1993). In the case involving Stapleton Airport, the
amount of ethylene glycol released into Sand Creek, resulted in a dramatic decrease in aquatic life,
especially in the Bluff Lake Area, an 123 acre open space wildlife area acquired by Stapleton airport
designated as a “crash zone”, in case of an emergency, (Bluff Lake ,2008). The result of this event led to
a great contamination of the area, which was in direct violation of the Clean Water Act, which prohibits
the discharge of pollutants into the navigable waters of the United States, except in compliance with
certain sections of the Act, (EPA Core Terms 1993).
The situation involving, Silco Distributing and Stapleton Airport was a perfect example of how
breaking environmental policies and failing to comply with the law, led to harsh consequences for Silco
distributing and how the environment was threated due to irresponsibility and carelessness. The results
that could have occurred could have been drastic by destroying aquatic life and endangering the
drinking water for Denver residents. Silco Distributing failed to comply with the law in several ways.
First, the Director of the Water Management Division o f the US. Environmental Agency (EPA), Region
VIII, initiated the complaint on November 18, 1992 by certified mail, with a return receipt requested.
The dated return receipt indicated that Silco Distributing received the compliant on November 23, 1992.
In the complaint, a complete description of the allegations regarding the respondent’s operation of the
incident involving the source of pollution in the United States was included along with procedures on
how to respond to the complaint. Failure to respond in thirty days would result in Silco Distributing
being responsible for the proposed penalty of $10,000. It was not until; May 14, 1993 that Silco
Distributing submitted a written response to the claim. Because, Silco Distributing failed to comply
within the 30 day time-frame, they were automatically required to pay the fee of $10,000, (EPA 1993).
Due to the nature of the amount of pollution that was caused during the incident, the presiding officer
of the EPA, made a decision to have Silco Distributing pay the full amount of $10,000.

4. The result of the incident caused the sand creek area to be highly contaminated threating the
local ecosystem, especially the aquatic organisms living in the surrounding creeks and lakes. As part of
the settlement, Denver agreed to preserve the Bluff Lake area which was an area affected by the
pollution and invest some of that money to restore the banks of Sand Creek, build an interpretive trail
system and construct open-air shelters. In 2000 the area was sold to the organizers and supporters of
Bluff Lake from the Denver Department of Aviation and today, Bluff Lake is clean from the de-icing fluid
and is fully restored. The lake is now used an urban wildlife refuge and outdoor classroom with nearly
5,000 area elementary students visiting each year for formal education programs, (Bluff Lake 2008). The
incident involving Silco Distributing and the EPA is a prime example of how companies should be held
responsible for any pollution that they create because of the potential threat to the local wildlife.
Eventually, companies that practice irresponsible practices that threaten the environment will be caught
and they will face harsh consequences. In this case, the incident was not as severe as it could have been
and resulted in preserving open space for the public but also shows that any cause of pollution has an
effect and will not go unnoticed.

5. References
The American Chemistry Council’s Ethylene Glycol Panel (2000). Briefing Paper on Ethylene
Glycol . Retrieved on February 05, 2012 from
http://www.huntsman.com/performance_products/Media/Fate_and_Effects.pdf
Blufflakenaturecenter.org. (2008). A History of Bluff Lake. Retrieved on February 12, 2012 from
http://blufflakenaturecenter.org/
Environmental Protection Agency (1993). Core Terms In The Matter of: Silco Distributing Co.,
Respondent Docket No. CWA-VIII-93-05-PI. Retrieved on February 01, 2012 from
http://www.lexisnexis.com.skyline.ucdenver.edu/hottopics/lnacademic/?verb=sf&sfi=AC02NBE
environStSrch
Environmental Protection Agency (1993). Environmental Protection Agency vs. Silco Distributing
DOCKET NO. CWA-VIII-93-05-Pl. Retrieved on January 30, 2012 from www.EPA.gov
Wikipedia.com (2012). Stapleton International Airport. Retrieved on February 05, 2012 from
http://en.wikipedia.org/wiki/Stapleton_International_Airport