EPA v. VALLEY BUMPER RECYCLING, INC.

Case summary

VALLEY BUMPER RECYCLING, INC.(VBR) OWNS & OPERATES A BUS- INESS LOCATED AT 920 EAST LABURNUM AVE. JUST OUTSIDE RICH- MOND, VA. THIS BUSINESS HAS BEEN IN OPERATION BY VARIOUS EN- TITIES SINCE 1959 & INVOLVES THE NICKEL & CHROME PLATING OF RECYCLED AUTOMOBILE BUMPERS. THE PLATING PROCESS CONSISTS OF PASSING THE BUMPERS THROUGH SEQUENTIAL SERIES OF TANKS WHICH 1ST CLEAN, THEN STRIP & FINALLY PLATE THE BUMPERS. VBR'S HAZARDOUS WASTE MANAGEMENT PRACTICES WERE 1ST DIS- COVERED DURING AN INSPECTION PERFORMED BY PERSONNEL FROM THE VA. STATE HEALTH DEPT.'S BUREAU OF HAZARDOUS WASTE MANAGE- MENT(BHWM) IN 4/83. WBR'S PLATING PROCESS GENERATED A WASTE STREAM WHICH IT DISCHARGED INTO AN ON-SITE SURFACE IMPOUND- MENT. THIS WASTESTREAM WAS A RCRA REGULATED HAZARDOUS WASTE BECAUSE IT EXCEEDED THE EP TOXICITY LIMIT FOR CHROMIUM. CON- SEQUENTLY, VBR WAS GENERATING & STORING HAZARDOUS WASTES. HOWEVER, VBR NEVER NOTIFIED EITHER EPA OR BHWM OF ITS HAZARD OUS WASTE ACTIVITIES AS REQUIRED BY SEC 3010 OF RCRA, 42 USC SEC 6930. ADDITIONALLY, VBR NEVER FILED A PART A PERMIT AP- PLICATION AS REQUIRED BY SEC 3005 OF RCRA, 42 USC SEC 6925. CONSEQUENTLY, VBR NEVER QUALIFIED FOR INTERIM STATUS TO OPER ATE A HAZARDOUS WASTE STORAGE FACILITY. EPA SEEKS 3 TYPES OF RELIEF AGAINST VBR. 1ST, IT SEEKS AN INJUNCTION DIRECTING VBR TO COMPLY W/THE TERMS OF THE CON- SENT AGREEMENT & ORDER. THE INJUNCTION WOULD REQUIRE VBR TO PAY THE ORIGINAL $12,000 CIVIL PENALTY & TO COMPLY W/APPLI- CABLE CLOSURE & POST-CLOSURE REQUIREMENTS. SINCE VBR HAS BEEN GIVEN MORE THAN AMPLE OPPORTUNITY TO MODIFY ITS ORIGIN- AL CLOSURE PLAN, DOJ SHOULD ASK THE COURT TO ORDER VBR TO COMPLY W/THE CLOSURE PLAN CURRENTLY BEING WRITTEN BY EPA PUR SUANT TO 40 CFR SEC 265.113. VBR SHOULD BE DIRECTED TO COM- MENCE CLOSURE IN ACCORDANCE W/VHWMR SEC 9.06-.07, 9.10-.11 (40 CFR PART 265, SUBPARTS F-G, J-K), SINCE VA HAS FINAL AU- THORIZATION. SHOULD SITE INSPECTIONS DETERMINE THE NEED FOR CORRECTIVE ACTION, THE COMPLAINT SHOULD BE AMMENDED PURSUANT TO SECS 3005(U) & 3008(H) OF RCRA, 42 USC SECS 6825(U) & 6928(U). 2ND, EFPA SEEKS TO HAVE INTEREST & PENALTIES APPLIED TO VBR'S DEBT OF $12,000. INTEREST SHOULD BE ASSESSED AT A RATE OF 11% PURSUANT TO 4 CFR SEC 102.13(C) & A PENALTY OF 6% SHOULD BE ASSESSED PURSUANT TO 40 CFR SEC 102.13(E).BOTH SHOULD RUN FROM 12/9/85, THE DATE EPA MAILED A LETTER TO VBR INFORMING IT THAT EPA INTENDED TO ASSESS INTEREST & PENAL- TIES. ID. AT SEC 102.13(A). FINALLY, EPA SEEKS IMPOSITION OF A CIVIL PENALTY OF UP TO $25,000/DAY PURSUANT TO SEC 3008(C) OF RCRA, 42 USC SEC 6908(C), BASED ON VBR'S FAILURE TO COMPLY W/THE CLOSURE & POST-CLOSURE REQUIREMENTS CONTAINED IN THE CONSENT AGREE- MENT. THE PENALTY SHOULD BE ASSESSED FROM 3/10/85, THE DATE VBR RECEIVED THE CONSENT ORDER.

Defendants (1)

• VALLEY BUMPER RECYCLING, INC.Named in complaint

Facilities (1)

• VEGA PRECISION LABS

  920 E LABURNUM AVE, RICHMOND, VA, 23222

  Registry ID: 110005229519

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3008 — Res Conserv & Rec Act

Timeline (5 milestones)

• 1985-12-31Referred To Headquarters
• 1986-02-19Referred To Dept Of Justice
• 1986-07-10Complaint Filed With Court
• 1987-07-29Concluded
• 1987-07-29Enforcement Action Closed