EPA v. Niagara Ceramics Corp

Case summary

A RCRA compliance evaluation inspection (CEI) was conducted on April 4, 2007 of Niagara Ceramics (formerly Buffalo China) as part of the Priority Chemical pilot program. The facility manufactures commerical ceramic dinnerware products using various plastic forming, dry pressing, slip casting, glazing, and other operations, and generates large quantity generator (LQG) quantities of hazardous waste, primarily toxic waste for the characteristics of lead and cadmium, and spent solvents. The CEI discovered at least nine (9) violations of regulations pertaining to the storage and management of hazardous waste for LQGs , including storing hazardous waste for greater than 90 days, and most required storage and paperwork requirements. The Complaint cites two combined counts, including storing hazardous waste for greater than 90 days and failure to obtain a RCRA permit (or failure to comply with all provisions that would have exempted Niagara Ceramics from obtaining a permit). The facility claimed an inability to pay the sought penalty and provided support documentation. EPA-contracted analysis confirmed the claim.

Defendants (1)

• Niagara Ceramics CorpNamed in complaintNamed in settlement

Facilities (1)

• NIAGARA CERAMICS CORP

  51 HAYES PL, BUFFALO, NY, 14210

  Registry ID: 110064365681

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Niagara Ceramics Corpentered 2008-06-11

  Primary law: RCRA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2007-09-28Complaint Filed/Proposed Order
• 2007-10-02Enforcement Action Data Entered
• 2008-06-11Enforcement Action Closed
• 2008-06-11Final Order Issued