EPA v. MINE SAFETY APPLIANCES COMPANY

Case summary

MINE SAFETY APPLIANCES COMPANY (MSA) IS THE OWNER & OPER- ATOR OF AN EXISTING HAZARDOUS WASTE MANAGEMENT FACILITY LO- CATED ON MARS ROAD IN EVANS CITY, PA. MSA SUBMITTED TO EPA A TIMELY NOTIFICATION OF HAZARDOUS WASTE ACTIVITY FOR THE FA- CILITY, PURSUANT TO RCRA SEC 3010(A), 42 USC SEC 6930(A), & A TIMELY PART A PERMIT APPLICATION FOR THE FACILITY, PURSU- ANT TO 40 CFR SEC 270.10 & 270.70 AND THEREBY OBTAINED IN- TERIM STATUS UNDER RCRA SEC 3005(E), 42 USC SEC 6925(E), FOR SEVERAL HAZARDOUS WASTE STORAGE & TREATMENT UNITS AT THE FA- CILITY. MSA FAILED TO IDENTIFY 2 HAZARDOUS WASTE MANAGEMENT UNITS IN ITS PART A PERMIT APPLICATION: 1) A SURFACE IMPOUNDMENT USED FOR THE TREATMENT AND/OR STORAGE OF ACID WASTES & SEW- AGE GENERATED AT THE MSA FACILITY (ACID POND); AND 2) A 2ND SURFACE IMPOUNDMENT USED FOR TREATMENT AND/OR STORAGE OF CAUSTIC WASTES GENERATED AT THE MSA FACILITY (CAUSTIC POND). AS A RESULT OF MSA'S FAILURE TO INCLUDE THESE UNITS ON ITS PART A, THESE UNITS NEVER TECHNICALLY QUALIFIED FOR INTERIM STATUS. DESPITE ITS FAILURE TO OBTAIN INTERIM STATUS FOR THE A- BOVE DESCRIBED UNITS, MSA HAS CONTINUED TO TREAT AND/OR STORE HAZARDOUS WASTES IN THOSE UNITS SINCE 11/19/80, THE EFFECTIVE DATE OF EPA'S REGULATIONS IMPLEMENTING RCRA SUB- TITLE C, AND CONTINUES TO TREAT AND/OR STORE HAZARDOUS WASTES IN THOSE UNITS AT THE PRESENT TIME. SUCH ACTIVITY, IE , THE TREATMENT AND/OR STORAGE OF HAZARDOUS WASTES W/OUT A PERMIT (OR INTERIM STATUS) AFTER 11/19/80, CONSTITUTES A VI- OLATION OF RCRA SEC 3005(A), 42 USC SEC 6925(A). THE ACID & CAUSTIC PONDS DISCUSSED ABOVE ARE LAND DISPOSAL UNITS W/IN THE MEANING OF RCRA SEC 3005(E)(2), 42 USC SEC 6925(E)(2). MSA DID NOT SUBMIT A PART B PERMIT APPLICATION, NOR DID IT CERTIFY COMPLIANCE W/APPLICABLE GROUNDWATER MONITORING RE- QUIREMENTS FOR ITS ACID & CAUSTIC PONDS BY 11/8/85. HAD MSA EVER OBTAINED INTERIM STATUS FOR THOSE PONDS, SUCH INTERIM STATUS WOULD HAVE TERMINATED ON THE DATE, BY OPERATION OF RCRA SEC 3005(E)(2). HOWEVER, BECAUSE MSA NEVER OBTAINED IN- TERIM STATUS FOR THE 2 PONDS, THE REQUIREMENTS OF SEC 3005(E)(2) DO NOT, STRICTLY SPEAKING, APPLY TO MSA. LOGICAL- LY, MSA COULD NOT LOSE INTERIM STATUS WHICH IT NEVER POSSES- SED. FUTHERMORE, BECAUSE MSA NEVER OBTAINED INTERIM STATUS FOR THE 2 PONDS, IT WAS REQUIRED TO CEASE TREATING AND/OR STORING HAZARDOUS WASTES IN THE PONDS AS OF 11/19/80, IN AC- CORDANCE W/RCRA SEC 3005(A), & NOT MERELY AS OF 11/8/85, THE INTERIM STATUS TERMINATION DATE UNDER SEC 3005(E)(2). THE INTERIM STATUS STANDARDS OF PA VIOLATED BY MSA ARE AS FOLLOWS: 1) MSA HAS FAILED TO INSTALL GROUNDWATER MONITORING WELLS AT THE FACILITY & HAS OTHERWISE FAILED TO MEET THE GROUNDWATER MONITORING REQUIREMENTS OF 25 PA CODE SEC 75.265(N). 2) MSA FAILED TO SUBMIT TO THE PADER, BY 9/9/85, PROOF OF IN SURANCE FOR SUDDEN & NON-SUDDEN ACCIDENTAL INJURY TO PERSONS & PROPERTY, IN VIOLATION OF 25 PA CODE SEC 75.331(A), AND HAS CONTINUED TO ACCEPT HAZARDOUS WASTE AFTER THAT DATE, W/O HAVING SUBMITTED SUCH PROOF OF INSURANCE, IN VIOLATION OF 25 PA CODE 75.331(C). 3)MSA FAILED TO SUBMIT TO DER A CLOSURE PLAN FOR A HAZARD- OUS WASTE TREATMENT UNIT (TREATMENT AREA #4) AT LEAST 180 DAYS BEFORE THE EXPECTED DATE OF RECEIPT OF THE FINAL VOL- UME OF WASTE AT THAT UNIT, IN VIOLATION OF 25 PA CODE SEC 75.265(O)(5). IN ADDITION TO THE FOREGOING KNOWN VIOLATIONS OF RCRA, EPA HAS REASON TO BELIEVE THAT MSA HAS VIOLATED SEVERAL OTH- ER PROVISIONS OF 25 PA CODE, CHAPTER 75. IF EPA OBTAINS AD- DITIONAL EVIDENCE CONFIRMING SOME OR ALL OF THESE SUSPECTED VIOLATIONS, IT MAY ADDRESS THEM ADMINISTRATIVELY OR MAY SEEK TO INCLUDE THEM IN ANY JUDICIAL ACT

Defendants (1)

• MINE SAFETY APPLIANCES COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MINE SAFETY APPLIANCES COMPANY

  1420 MARS-EVANS CITY RD., EVANS CITY, PA, 160339397

  Registry ID: 110015686845

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• MINE SAFETY APPLIANCE COMPANYentered 1989-11-30

  Primary law: RCRA

  Federal penalty: $130,000

Timeline (8 milestones)

• 1986-03-10Enforcement Action Data Entered
• 1986-06-26Referred To Headquarters
• 1986-08-07Referred To Dept Of Justice
• 1987-07-22Complaint Filed With Court
• 1989-11-30Final Order Lodged
• 1989-11-30Final Order Entered
• 1989-11-30Concluded
• 1999-11-10Enforcement Action Closed