EPA v. Kawasaki Rail Car Inc

Case summary

The defendant committed the following RCRA violations concerned with the generation and management of hazardous waste (including universal waste): (1) failure to make hazardous waste determination; (2) storage of hazardous waste without having obtained a RCRA permit (or having complied with all provisions that would have exempted the defendant from the permitting requirement); and (3) failure to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. EPA is seeking an injunction to achieve and maintain future compliance with all the applicable RCRA statutory and regulatory provisions and payment of a civil penalty for these violations. The facility underwent a follow-up RCRA compliance evaluation inspection on August 24, 2009. No violations were found.

Defendants (1)

• Kawasaki rail Car IncNamed in complaintNamed in settlement

Facilities (1)

• KAWASAKI RAIL CAR INC

  29 WELLS AVENUE, YONKERS, NY, 10701-2753

  Registry ID: 110028155074

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Kawasaki Rail Car Incentered 2009-10-02

  Primary law: RCRA

  Federal penalty: $130,000

Timeline (7 milestones)

• 2007-09-26Referred To Dept Of Justice
• 2007-09-27Enforcement Action Data Entered
• 2009-09-22Final Order Lodged
• 2009-09-22Complaint Filed With Court
• 2009-10-02Concluded
• 2009-10-02Final Order Entered
• 2009-11-04Enforcement Action Closed