EPA v. KINEMOTIVE CORPORATION

Case summary

FAILURE TO HAVE SECONDARY CONTAINMENT; LEAK DETECTION TEST. 6 NYCRR 373- 3.10 AND 6 NYCRR 373- 3.10(N)(9) (STATE'S GENERATOR REG. FOR TANKS) THIS FACILITY, LOCATED AT 222 CENTRAL AVENUE, FARMING- DALE, N.Y. 11735, FABRICATES AND TREATS METALS FOR THE AEROSPACE INDUSTRY. THE FACILITY MAINTAINED TWO 500 GALLON UNDERGROUND STORAGE TANKS FOR STORING CORROSIVE HAZARDOUS WASTE. ALTHOUGH THE TANKS WERE LOCATED OVER A SOLE SOURCE AQUIFER IN SUFFOLK COUNTY, NEW YORK, THE RESPONDENT FAILED TO PROVIDE SECONDARY CONTAINMENT FOR THE TANKS AND FAILED TO PERFORM LEAK TESTING. BECAUSE OF THIS FAILURE, RESPONDENT WAS ISSUED THIS ADMINISTRATIVE COMPLAINT WITH A PENALTY OF $103,600 AND WAS REQUIRED, WITHIN 90 DAYS, TO EITHER INSTALL SECONDARY CONTAINMENT SYSTEMS AND LEAK DETECTION SYSTEMS FOR EACH TANK, OR, SUBMIT CLOSURE PLANS FOR THE TWO TANKS TO THE STATE AND EPA.

Defendants (1)

• KINEMOTIVE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• KINEMOTIVE CORPORATION

  222 CENTRAL AVE, FARMINGDALE, NY, 117350000

  Registry ID: 110000891875

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• KINEMOTIVE CORPORATIONentered 1998-05-07

  Primary law: RCRA

  Federal penalty: $51,000

Timeline (4 milestones)

• 1997-12-19Complaint Filed/Proposed Order
• 1997-12-23Enforcement Action Data Entered
• 1998-05-07Final Order Issued
• 1998-05-07Enforcement Action Closed