EPA v. SOLVENTS RECOVERY SERVICE OF NEW ENGLAND, INC.

Case summary

NATURE OF CASE AND VIOLATIONS UPON WHICH CASE IS BASED - THE CLAIMS BEING REFERRED ARE BASED UPON THE FOLLOWING VIOLATIONS OF LAW AND OTHER CAUSES OF ACTION: 1) NUMEROUS VIOLATIONS OF A CONSENT DECREE THAT WAS ENTERED IN FEBRUARY 1983 BETWEEN EPA, SRSNE, AND TWO INTERVENING PARTIES, WHICH REQUIRED THE COMPANY TO TAKE SPECIFIED MEASURES TO CONTAIN AND ABATE POLLUTION OF SOIL AND GROUND- WATER AT AND AND IN THE VICINITY OF THE SITE; 2) VIOLATIONS OF RCRA SECTION 3005 BY VIOLATING SRSNE'S STATE-ISSUED RCRA PERMIT, MOST NOTABLY THE COMPANY'S FAILURE TO CONSTRUCT SECONDARY CONTAINMENT FACILITIES FOR ITS WASTE HANDLING AREAS, AND ITS FAILURE TO INSTALL A FIRE PROTECTION SYSTEM; 3) ADDITIONAL VIOLATIONS OF RCRA SECTION 3005 BY VIOLATING SRSNE'S EPA-ISSUED HSWA PERMIT, MOST NOTABLE THE COMPANY'S FAILURE TO SUBMIT AN APPROVABLE PLAN FOR REMEDIATING SOIL CONTAMINATION AT THE SITE; 4) VIOLATIONS OF RCRA SECTION 3004 BY VIOLATING THE LAND DISPOSAL RESTRICTION REGULATIONS PROMULGATED UNDER THE AUTHORITY OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) TO RCRA; 5) A CLAIM UNDER SECTION 107 OF CERCLA FOR RECOVERY OF ALL COSTS INCURRED BY THE EPA IN RESPONDING TO THE RELEASE OF HAZARDOUS SUBSTANCES AT THE SRSNE FACILITY. PROPOSED RELIEF: THE REFERRAL RECOMMENDS THAT THE UNITED STATES SEEK PRE- LIMINARY RELIEF IN THE FORM OF A SUSPENSION OF SRSNE'S OPERATING AUTHORITY UNDER ITS RCRA PERMIT. THE U.S. SHOULD SIMULTANEOUSLY REQUEST AN ORDER FROM THE COURT DIRECTING THE COMPANY TO COME INTO IMMEDIATE COMPLIANCE WITH THE CD, SRSNE'S RCRA AND HSWA PERMITS, AND THE LAND DISPOSAL RESTRICTIONS, AND MAKE THE REISSUANCE OF OPERATING AUTHORITY CONDITIONAL UPON COMPLIANCE WITH THESE REQUIREMENTS. AS FINAL RELIEF, THE GOVERNMENT SHOULD SEEK TO HAVE THE COURT ENTER A PERMANENT INJUNCTION REVOKING THE OPERATING AUTHORITY IN SRSNE'S RCRA PERMIT AND ORDERING THE COMPANY TO CEASE OPERATIONS IN ACCORDANCE WITH THE TERMS OF THE PERMIT'S CLOSURE PROVISIONS. WE SHOULD ALSO REQUEST THE COURT TO ORDER SRSNE TO REIMBURSE THE FUND FOR THE COST OF CONDUCTING THE RI/FS AND ANY SUBSEQUENT STEPS IN THE SARA REMEDIAL DECISION MAKING PROCESS. LASTLY, WE SHOULD SEEK PAYMENT OF PENALITIES FOR THE PERMIT, CD, AND REGULATORY VIOLATIONS. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES - ONLY 2ND LAND BAN CASE REFERRED; MAY REQUIRE NATIONAL COORDINATION, PREVIOUS ENFORCEMENT ACTIONS AND RECENT CONTACTS WITH DEFENDANT: EPA'S HISTORY OF CONTACTS WITH THE DEFENDANT RELATES PRIMARLY TO THE SUIT THAT IS FILED IN 1979 AGAINST SRSNE. AS AMENDED IN 1982 THAT SUIT CONTAINED CLAIMS UNDER THE 7003 IMMINENT HAZARD PROVISIONS OF RCRA AND CERCLA AND A CLAIM UNDER THE CLEAN WATER ACT FOR UNPERMITTED DISCHARGES INTO THE QUINNIPIAC RIVER. THE SUIT RESULTED IN THE ENTRY OF A CONSENT DECREE IN FEBRUARY OF 1983. EPA HAS HAD REGULAR CONTACT WITH SRSNE SINCE THE CONSENT DECREE WAS ENTERED, IN EFFORTS TO ENSURE SRSNE'S COMPLIANCE WITH THE TERMS OF THE DECREE. THE AGENCY HAS ALSO CONDUCTED SEVERAL RCRA INSPECTIONS AT THE SITE, ONE IN THE SPRING OF 1988 AND ANOTHER IN FEBRUARY 1989. SRSNE WAS SENT A COPY OF THE INSPECTION REPORT FROM THE 1988 INSPECTION. LASTLY, THE AGENCY CONDUCTED NEGOTIATIONS WITH SRSNE IN THE SPRING OF 1988. THESE NEGOTIATIONS WERE PRIMARLY RELATED TO THE COMPANY'S NONCOMPLIANCE WITH THE CONSENT DECREE, ITS MAJOR VIOLATIONS OF ITS RCRA AND HSWA PERMITS, AND ITS OBLIGATION TO CONDUCT OR FUND AN RI

Defendants (3)

• BOLL, CARELTON H.Named in complaint
• SOLVENTS RECOVRY SERVICE OF NEW ENGLANDNamed in complaint
• SRS, INC.Named in complaint

Facilities (1)

• SOLVENTS RECOVERY SERVICE OF NEW ENGLAND

  114 LAZY LN, SOUTHINGTON, CT, 06489

  Registry ID: 110000611017

Statutes cited

• CERCLA 107 — Superfund

Timeline (5 milestones)

• 1988-09-19Enforcement Action Data Entered
• 1989-03-31Referred To Headquarters
• 1989-05-09Referred To Dept Of Justice
• 1990-07-23Complaint Filed With Court
• 1995-02-10Concluded