EPA v. WORMUTH BROTHERS FOUNDRY, INC

Case summary

THIS REFERRAL REQUESTS THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928, AGAINST WORMUTH BROTHERS FOUNDRY, INC FOR VIOLATIONS OF RCRA OCCURRING AT THE COMPANY'S FACILITY LOCATED IN ATHENS, NEW YORK. THE REFERRAL REPORT DESCRIBES SEVENTEEN SEPARATE VIOLATIONS OF FEDERAL AND STATE RCRA REGULATIONS. WORMUTH IS A NON-NOTIFYING GENERATOR OF WASTE WHICH HAS BEEN FOUND TO BE HAZARDOUS DUE TO THE PRESENCE OF LEAD. WORMUTH HAS STORED SUCH WASTE AT ITS FACILITY, IN A FEDERALLY-PROTECTED WETLAND, FOR OVER THREE YEARS, WITHOUT A PERMIT AND WITH- OUT INTERIM STATUS UNDER SECTION 3005E OF RCRA, 42 U.S.C. SECTION 6925E. THESE WASTES HAVE BEEN STORED IN OPEN, CORRODED CONTAINERS. AMONG THE MORE SIGNIFICANT VIOLATIONS CITED ARE: FAILURE TO NOTIFY EPA OF HAZARDOUS WASTE ACTIVITY; FAILURE TO SUBMIT A PERMIT APPLICATION; FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION; FAILURE TO MAINTAIN AND OPERATE THE FACILITY TO PREVENT A RELEASE OF HAZARDOUS WASTES TO THE ENVIRONMENT; AND ILLEGAL LAND DISPOSAL OF HAZARDOUS WASTES. * FACILITY ADDR (IN FINDS) HOWARD HALL RD & SCHOHARIE TURNPIKE ATHENS, NY 12015 OWNERSHIP: PRIVATE * AMENDMENT OF REFERRAL SENT TO JUSTICE AUG. 31, 1994. EPA IS ADDING TO THE COMPLAINT A COUNT FOR VIOLATIONS OF SECT'S 301 & 404 OF THE CWA. * COMPLAINT FILED MARCH 29, 1996. CONSENT DECREE ENTERED BY THE COURT JUNE 18, 1996.

Defendants (1)

• WORMUTH BROTHERS FOUNDRY, INCNamed in complaintNamed in settlement

Facilities (1)

• WORMUTH BROTHERS FOUNDRY INCORPORATED

  HOWARD HALL ROAD, ATHENS, NY, 12015

  Registry ID: 110006532877

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 404 — Permits for Dredge and Fill Material
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• WORMUTH BROTHERS FOUNDRY, INC.entered 1996-06-18

  Primary law: RCRA

  Federal penalty: $60,000

Timeline (6 milestones)

• 1992-04-01Enforcement Action Data Entered
• 1992-09-29Referred To Dept Of Justice
• 1996-03-29Complaint Filed With Court
• 1996-06-18Final Order Lodged
• 1996-06-18Final Order Entered
• 1996-06-18Concluded