EPA v. VINELAND CHEMICAL COMPANY

Case summary

THIS IS A CIVIL ACTION BASED ON SECTION 3005 OF RCRA, 42 USC 6952 (LOSS OF INTERIM STATUS). AFTER NOVEMBER 8, 1985, THE DEFENDANTS (VINELAND CHEMICAL COMPANY, INC., ARTHUR SCHWERDTLE) TREATED, STORED AND DIS- POSED OF HAZARDOUS WASTES IN TWO RCRA SURFACE IMPOUNDMENTS AT THE VINELAND CHEMICAL COMPANY FACILITY WITHOUT A FINAL PERMIT OR INTERIM STATUS. HAVING BEEN GRANTED INTERIM STA- TUS BY SUBMITTAL OF A PART A PERMIT APPLICATION ON 11/17/80, THE FACILITY FAILED TO CERTIFY COMPLIANCE WITH ALL FINANCIAL RESPONSIBILITY REQUIREMENTS OF N.J.A.C. 7:26-9 ET. SEQ., IN- CLUDING ASSURANCE FOR CLOSURE & POST-CLOSURE COSTS AND LIA- BILITY INSURANCE. A NJDEP INSPECTION & AN EPA LOIS INSPEC- TION INDICATED THE RCRA UNITS WERE IN OPERATION AFTER NOVEM- BER 8, 1985. THE COMPANY WAS GIVEN NOTICE OF THE LOSS OF INTERIM STATUS ON DECEMBER 2, 1985. EPA SEEKS PERMANENT INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR OPERATING WITHOUT A PERMIT OR INTERIM STATUS. THE INJUNCTION SHOULD REQUIRE DEFENDANTS TO SUBMIT A CLOSURE AND POST-CLOSURE PLAN, COMPLY WITH APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILITY REQUIRE- MENTS, CLOSE THE UNITS, APPLY FOR A POST-CLOSURE PERMIT & TAKE CORRECTIVE ACTION AS NECESSARY. ARTHUR SCHWERDTLE IS DECEASED. ************************************************************ THIS CASE WAS COMBINED WITH 02-89-0406 FOR CONSENT DECREE 02-94-C006.

Defendants (3)

• SCHWERDTLE, ARTHURNamed in complaintNamed in settlement
• SCHWERDTLE, MIRIAMNamed in complaintNamed in settlement
• VINELAND CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• VINELAND CHEMICAL COMPANY INCORPORATED

  1611 WEST WHEAT ROAD, VINELAND, NJ, 08360

  Registry ID: 110000615772

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• VINELAND CHEMICAL COMPANYentered 1994-02-07

  Primary law: RCRA

  Federal penalty: $1,223,000

Timeline (7 milestones)

• 1985-12-31Referred To Headquarters
• 1986-01-15Referred To Dept Of Justice
• 1986-05-16Complaint Filed With Court
• 1994-02-07Final Order Entered
• 1994-02-07Concluded
• 1994-02-07Enforcement Action Closed
• 1994-02-07Final Order Lodged