EPA v. KAMAN AEROSPACE/RAYMOND ENGINEERING

Case summary

REGION I STAFF INSPECTED THE FACILITY ON MAY 13 AND 14, 1996, PURSUANT TO THE AUTHORITY OF RCRA AND CWA AND THE CLEAN AIR ACT. ON NOVEMBER 5, 1996, RAYMOND SUBMITTED INFORMATION IN RESPONSE TO THE INSPECTION REPORT. THE REGION THEN ISSUED AN INFORMATION REQUEST LETTER PURSUANT TO CLEAN WATER ACT SECTION 308 AND RCRA SECTION 3007 ON NOVEMBER 14, 1996. RAYMOND IS SUBJECT TO THE HAZARDOUS WASTE REGULATIONS OF THE STATE OF CONNECTICUT THAT ARE APPLICABLE TO GENERATORS AND EPA'S LAND DISPOSAL RESTRICTIONS. RAYMOND'S VIOLATIONS INCLUDED: FAILURE TO SEGREGATE INCOMPATIBLE WASTES, FAILURE TO LABEL HAZARDOUS WASTE CONTAINERS, FAILURE TO MARK HAZARD- OUS WASTE CONTAINERS WITH ACCUMULATION DATES, FAILURE TO KEEP CONTAINERS OF HAZARDOUS WASTE CLOSED, FAILURE TO APPROPRIATELY MANAGE HAZARDOUS WASTE ACCUMULATION AREAS, FAILURE TO HAVE IMMEDIATE ACCESS TO INTERNAL OR EMERGENCY COMMUNICATION DEVICE, FAILURE TO TRAIN EMPLOYEES RESPONSIBLE FOR HAZARDOUS WASTE MANAGEMENT, AND FAILURE TO RETAIN COPIES OF LAND DISPOSAL RESTRICTION NOTICES ON-SITE. RAYMOND HAS VIOLATED THE PRETREATMENT AND STORMWATER REQUIREMENTS OF THE CLEAN WATER ACT. SPECIFICALLY, RAYMOND VIOLATED SECTIONS 307 AND 308 OF THE CLEAN WATER ACT BY FAILING TO COMPLY WITH THE REPORTING REQIREMENTS SET FORTH IN THE GENERAL PRETREATMENT REGULATIONS. RAYMOND DID NOT SUBMIT A BASELINE MONITORING REPORT OR A 90-DAY COMPLIANCE REPORT BY THE DUE DATE AND FAILED TO SUBMIT PERIODIC COMPLIANCE REPORTS IN JUNE AND DECEMBER OF EACH YEAR BEGIN- NING IN JUNE 1986. IN ADDITION, RAYMOND VIOLATED THE METAL FINISHING EFFLUENT LIMITATIONS FOR CHROMIUM UNTIL IT CEASED DISCHARGE OF METAL FINISHING WASTEWATER. FINALLY, THE FACILITY DID NOT COMPLETE AND CERTIFY ITS STORMWATER POLLUTION PREVENTION PLAN UNTIL OCTOBER 16, 1996, IN VIOLATION OF THE CONNECTICUT GENERAL PERMIT FOR THE DISCHARGE OF STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY. WE ARE PROPOSING THE ASSESSMENT OF OF AN ADMINISTRATIVE PENALTY OF $178,900 FOR RAYMOND'S VIOLATAIONS. IN A PRE-NEGOTIATED SETTLEMENT, RAYMOND HAS AGREED TO PAY A PENALTY OF 136,400. THE COMPANY IS EXPECTED TO SIGN THE CONSENT AGREEMENT WITHIN SEVERAL DAYS. IN ACCORDANCE WITH THE CWA, THE AGREEMENT MAY ONLY BE FILED AFTER A 30 DAY PUBLIC COMMENT PERIOD. IN THE AGREEMENT, THE COMPANY WILL CERTIFY THAT IT HAS COMPLIED WITH THE RCRA COMPLIANCE REQUIREMENTS SPECIFIED IN THE COMPLAINT.

Defendants (1)

• RAYMOND ENGINEERINGNamed in complaintNamed in settlement

Facilities (1)

• KAMAN AEROSPACE CORPORATION

  217 SMITH STREET, MIDDLETOWN, CT, 06457

  Registry ID: 110000864645

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 308 — Information Request, Records, Entry
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• KAMAN AEROSPACE/RAYMOND ENGINEERINGentered 1997-12-18

  Primary law: CWA

  Federal penalty: $136,400

Timeline (3 milestones)

• 1997-09-30Complaint Filed/Proposed Order
• 1997-10-15Enforcement Action Data Entered
• 1997-12-18Final Order Issued