EPA v. WHEELING PITTSBURGH STEEL CORPORATION

Case summary

REG 3 FILED A SEC 3008(A) ADMINISTRATIVE COMPLAINT ON 12/1/82, ALLEGING THAT W-P HAD IMPROPERLY CLOSED A SURFACE IMPOUNDMENT AT ITS FOLANSBEE, WV FACILITY. IN AN INITIAL DE- CISION, ADMIN LAW JUDGE THOMAS B. YOST RULED 0N 2/5/85, THAT W-P HAD CLOSED THE SURFACE IMPOUNDMENT IMPROPERLY. HE ASSES- SED A CIVIL PENALTY OF $17,500. ADDITIONALLY, HE ORDERED THE COMPANY EITHER TO UNDERTAKE CLEAN CLOSURE OF THE UNIT PUR- SUANT TO 40 CFR SEC 265.228(B) OR TO CLOSE THE IMPOUNDMENT AS A LANDFILL & SUBMIT A CLOSURE & POST-CLOSURE PLAN AS RE- QUIRED BY 40 CFR SEC 265.310. W-P APPEALED THE INITIAL DECISION 3/15/85. DURING THE PEN DENCY OF THE APPEAL, THE COMPANY FILED FOR REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE. W-P THEN FILED A COMPLAINT W/THE BANKRUPTCY COURT FOR THE U.S. DIST. COURT OF WESTERN PA, CLAIMING THAT AUTOMATIC STAY PROVISION OF THE BANKRUPTCY CODE PREVENTED EPA FROM TAKING FURTHER AC- TION ON THE RCRA PROCEEDING. THE JUDICIAL OFFICER ISSUED THE FINAL DECISION 9/16/85, AFFIRMING JUDGE YOST'S INITIAL DECI- SION. THE BANKRUPTCY COURT DISMISSED W-P'S COMPLAINT 10/31 /85, RULING THAT EPA COULD CONTINUE TO DETERMINE & RECTIFY ANY VIOLATIONS OF RCRA, BUT THAT IT COULD NOT SEEK COLLEC- TION OF THE MONETARY FINES SINCE THE COMPANY HAD FILED FOR BANKRUPTCY. W-P THEN FILED SUIT IN FEDERAL COURT, ASKING THE COURT TO ENJOIN EPA FROM ENFORCING THE FINAL DECISION & SEEKING A DE- CLARATORY JUDGEMENT THAT W-P HAD CLOSED THE SURFACE IMPOUND- MENT PROPERLY. IN THE FINAL DECISION, THE JUDICIAL OFFICER ORDERED W-P TO PAY THE PENALTY W/IN 60 DAYS & TO COMPLY W/THE COMPLIANCE ORDER SET FORTH IN THE INITIAL DECISION. THAT COMPLIANCE OR- DER REQUIRED THE COMPANY TO DECIDE WHETHER IT WOULD ATTEMPT TO CLEAN HOUSE THE IMPOUNDANT BY REMOVING ALL HAZARDOUS WASTE MATERIAL FROM THE IMPOUNDANT & SAMPLING & REMOVING CON TAMINATED SOIL UNTIL NO FURTHER CONTAMINATION WAS DETECTED OR TO CLOSE THE IMPOUNDMENT AS A HAZARDOUS WASTE LANDFILL. SUCCESSFUL COMPLETION OF THE 1ST OPTION WOULD REMOVE THE IM- POUNDMENT FROM RCRA REGULATION; ELECTION OF THE 2ND OPTION WOULD MEAN CONTINUED RCRA REGULATION UNDER APPLICABLEE CLO- SURE & POST-CLOSURE REQUIREMENTS, INCLUDING GROUND WATER MON ITORING. W-P HAD 30 DAYS FROM THE FINAL DECISION'S EFFECTIVE DATE TO UNDERTAKE THE CLEAN CLOSURE OPTION; IT HAD 60 DAYS TO SUBMIT A CLOSURE & POST-CLOSURE PLAN TO EPA IF IT DECIDED NOT TO ATTEMPT CLEAN CLOSURE & TO CLOSE THE UNIT AS A REGU- LATED LANDFILL. ASSUMING THAT THE EFFECTIVE DATE OF THE FINAL DECISION IS ON OR ABOUT 3 DAYS FROM THE DATE THE DECISION WAS MAILED TO THE PARTIES, W-P HAD TO BEGIN CLEAN CLOSURE BY 10/22/85, OR TO SUBMIT A CLOSURE & POST-CLOSURE PLAN BY 11/21/85. TO DATE THE COMPANY HAS NOT BEGUN CLEAN CLOSURE OR SUBMITTED A CLO- SURE OR POST-CLOSURE PLAN TO EPA. THE OFFICE OF GENERAL COUNSEL & DOJ HAVE ADVISED THE RE- GION THAT THEY BELIEVE FILING A COUNTER-CLAIM OF THIS NATURE TO BE IN THE WAY OF A COMPULSORY COUNTER-CLAIM. SHOULD THE U.S. NOT SEEK ENFORCEMENT OF THE FINAL DECISION AT THIS TIME THE U.S. MAY BE BARRED FROM SEEKING ENFORCEMENT AT A LATER DATE. REG 3 RECOMMENDS THAT HQ FORWARD THIS MATTER TO DOJ AND AUTHORIZE IT TO FILE A COUNTER-CLAIM WHEN IT FILES THE AN- SWER TO W-P'S COMPLAINT. THE COUNTER-CLAIM WOULD ASK THE COURT TO ENFORCE THE COMPLIANCE ORDER ASPECTS OF THE FINAL DECISION & WOULD ASK FOR IMPOSITION OF CIVIL PENALTIES PUR- SUANT TO SEC 3008(C) OF RCRA, 42 USC SEC 6908(C).

Defendants (1)

• WHEELING-PITTSBURGH STEEL CORP.Named in complaintNamed in settlement

Facilities (8)

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• WHEELING PITTSBURGH STEEL CORPentered 1989-11-02

  Primary law: RCRA

Timeline (7 milestones)

• 1985-12-16Referred To Headquarters
• 1985-12-17Referred To Dept Of Justice
• 1985-12-23Complaint Filed With Court
• 1989-11-02Final Order Lodged
• 1989-11-02Final Order Entered
• 1989-11-02Concluded
• 1989-11-02Enforcement Action Closed