EPA v. OMEGA PROCESSING COMPANY, INC.

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE CLEAN WATER ACT BY OMEGA PROCESSING COMPANY, INC., AN ELECTROPLATER DOING BUSINESS IN MONSON, MASSACHUSETTS. THE COMPANY'S DISCHARGE MONITORING REPORTS HAVE REVEALED VIOLATIONS OF ITS NPDES PERMIT FOR SEVEN OUT OF THE LAST NINE MONTHS. MOREOVER, AN EPA INSPECTION IN JANUARY 1984 DEMONSTRATED ADDITIONAL EFFLUENT VIOLATIONS, AND GENERAL PERMIT CONDITION VIOLATIONS. (THE FOLLOWING IS AN AMENDMENT TO THIS CWA CASE, INCORPOR- ATING VIOLATIONS OF HAZARDOUS WST REGS ENFORCEABLE UNDER RCRA.) AN INSPECTION OF OMEGA ON 5/25/84, BY EPA'S WSTE MGT DIV REVEALED RCRA VIOL'S FOUND AT 42 USC SECT 6901-6987. FILING OF COMPLAINT UNDER THE CWA WAS DELAYED TO ALLOW FOR FURTHER INVESTIGATION INTO RCRA VIOL'S. A COMPLAINT INCLUD- ING COUNTS UNDER BOTH THE CWA & RCRA WAS FILED ON 9/10/84, IN U.S. DIST COURT. DEFENDANT: OMEGA PROCESSING IS LOCATED ON THE OUTSKIRTS OF THE BUSINESS CTR IN MONSON, A RURAL COMMUNITY OF APPROX 7,135 PERSONS IN SO. CENTRAL MASS. THE FACILITY'S MAIN BLDG CON- SISTS OF A BASEMENT WHERE ELECTROPLATING OPERATIONS, LOADING DOCKS, OFFICES, & UNUSED STORAGE AREA ARE LOCATED, & A GROUND FLOOR WHERE PLATING BATHS, CHEMICALS, & EQUIPMENT ARE STORED. THE STORAGE BLDG'S 1ST FLOOR CONTAINS DRUMS W/ACCUM ULATED WASTE & DRUMS FROM WHICH WST HAS BEEN DUMPED. THE 2ND FLOOR OF STORAGE BLDG WAS EMPTY AT TIME OF INSPECTION. CAUSE OF ACTION: PURSUANT TO SECT 3006 OF RCRA, 42 USC 6926, EPA AUTHOR- IZED MASS TO ADMINISTER ITS HAZ WST PGM IN LIEU OF THE FED HAZ WST PGM W/RESPECT TO, AMONG OTHER THINGS, REQ'S FOR HAZ WSTE GENERATORS, PUBLISHED AT 310 CMR SECT 30.300. THE MASS STATUTES & REGS HAVE SAME FORCE & EFFECT AS REGS ISSUED BY EPA UNDER SUBTITLE C OF RCRA. SECT 3008(A),(G) OF RCRA, 42 USC 6938(A),(G), AUTHORIZES INJUNCTIVE RELIEF & CIVIL PENAL- TIES NOT TO EXCEED $25,000/DAY FOR EA. VIOL OF RCRA SUBTITLE C REQ'S, INCLUDING REQ'S OF STATE STATUTES & REGS AUTHORIZED UNDER SECT. 3006 OF RCRA. OMEGA FAILED TO RETAIN A COPY OF EA MANIFEST FOR THE TRANSPORTATION OF HAZ WSTE FOR OFF-SITE TRMT, STORAGE, DIS- POSAL, OR USE FOR AT LEAST 3 YRS FROM THE DATE WSTE WAS AC- CEPTED BY INITIAL TRANSPORTER, IN VIOL OF 310 C.M.R. SECT 30 .331(1). OMEGA FAILED TO SUBMIT TO DEQE AN ANNUAL REPORT FOR 1983 BY 3/1/84, IN VIOL OF 310 C.M.R. 30.332, FOR WSTS STORED ON-SITE & FOR OFFERING WSTS FOR OFF-SITE TRANSPORTA- TION IN 1983. IN VIOL OF 310 C.M.R. SECT 30.333(2), OMEGA FAILED TO PROVIDE A COPY OF MANIFEST #MA00030081 W/SIGNATURE OF THE OWNER OR OPERATOR OF THE DESIGNATED FACILITY LOCATED IN CT, AN AUTHORIZED STATE, ALTHOUGH >45 DAYS HAD PASSED SINCE HAZ WSTE WAS ACCEPTED BY INITIAL TRANSPORTER. IN VIOL OF 310 C.M.R. SECT 30.340, OMEGA DID NOT OB- SERVE THE FOLLOWING ON-SITE ACCUMULATION REQ'S: 1) FAILURE TO MAINTAIN CONTAINERS IN GOOD CONDITION, 2) FAILURE TO KEEP CONTAINERS CLOSED, 3) FAILURE TO MAINTAIN AISLE SPACING, 4) FAILURE TO MARK & LABEL CONTAINERS, 5) FAILURE TO PREPARE WRITTEN PERSONNEL TRAINING PLAN & TO MAINTAIN TRAINING RECORDS, 6) FAILURE TO HAVE CONTINGENCY PLAN & TO PROVIDE COPY OF CONTINGENCY PLAN TO STATE & LOCAL AUTHORITIES, 7) FAILURE TO MAINTAIN EMERGENCY PREVENTION & RESPONSE EQUIPMENT, & 8) ON-SITE ACCUMULATION OF HAZARDOUS WSTE FOR 90 DAYS OR MORE.

Defendants (1)

• OMEGA PROCESSINGNamed in complaintNamed in settlement

Facilities (1)

• OMEGA PROCESSING INC

  21 BLISS ST, MONSON, MA, 01057

  Registry ID: 110020034292

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• OMEGA PROCESSING, INC.entered 1985-10-01

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1984-03-23Referred To Headquarters
• 1984-04-26Referred To Dept Of Justice
• 1984-08-27Referred TO U.S. Attorney
• 1984-09-10Complaint Filed With Court
• 1985-10-01Final Order Lodged
• 1985-10-01Final Order Entered
• 1985-10-01Concluded
• 1988-04-04Enforcement Action Closed