EPA v. TONOLLI CORPORATION, IN RE

Case summary

TONOLLI CORP. IS THE OWNER & OPERATOR OF A USED BATTERY RECYCLING FACILITY LOCATED IN NESQUEHONING, PA. THE FACILI- TIES INCLUDES 2 TANKS, A SURFACE IMPOUNDMENT & A LANDFILL USED FOR TREATMENT, STORAGE &/OR DISPOSAL OF VARIOUS WASTES GENERATED AT THE FACILITY, INCLUDING EMISSION CONTROL SLUDGE FROM SECONDARY LEAD SMELTING; SLUDGES FROM A NEUTRALIZATION TREATMENT PROCESS WHICH EXHIBIT THE CHARACTERISTIC OF E.P. TOXICITY FOR CADMIUM &LEAD; CRUSHED BATTERY CASES EXHIBIT- ING THE CHARACTERISTIC OF E.P. TOXICITY FOR ARSENIC; & WASTES EXHIBITING THE CHARACTERISTIC OF CORROSIVITY & THE CHARACTERISTICS OF EP TOXICITY FOR ARSENIC, CADMIUM, CHRO- MIUM & LEAD. ON 5/10/85, REG 3 COMPLETED A REVIEW OF DEF'S GROUNDWATER MONITORING PROGRAM, BASED IN PART ON THE 2 DEF GROUNDWATER MONITORING REPORTS. EPA CONCLUDED THAT DEF'S GROUNDWATER MONITORING SYSTEM IS INADEQUATE. THE DEFICIENCIES CONSTITUTE A VIOLATION OF 25 PA CODE SEC 75.265(N). UNDER SEC 3008(G) OF RCRA, 42 USC SEC 6928(G), THE MAXIMUM CIVIL PENALTY FOR EACH DAY OF SUCH VIOLATION IS $25,000. ON 10/29/85, DEF FILED A PETITION FOR REORGANIZATION UN- DER CHAP 11 OF THE BANKRUPTCY CODE. ON 1/24/86, DEF'S CHAP- TER 11 REORGANIZATION WAS CONVERTED TO A LIQUIDATION PRO- CEEDING UNDER CHAP 7 OF THE BANKRUPTCY CODE. AS A RESULT OF DEF'S BANKRUPTCY, IT BECAME NECESSARY FOR EPA TO FILE W/THE BANKRUPTCY COURT A PROOF OF CLAIM AGAINST DEF IN ORDER TO RECOVER FROM DEF'S ESTATE-IN-BANK- RUPTCY CERTAIN PENALTIES FOR DEF'S GROUNDWATER MONITORING VIOLATIONS. DOJ ON BEHALF OF EPA, FILE DA PROOF OF CLAIM IN THE DEF'S BANKRUPTCY PROCEEDING ON 6/20/86. THE PROOF OF CLAIM SEEKS PAYMENT OF $38,175,000.00 IN PENALTIES FOR DEF'S GROUNDWATER MONITORING VIOLATION, REPRESENTING THE MAXIMUM STATUTORY PENALTY FOR EACH DAY OF THE VIOLATION, FROM 11/19/81 TO 1/24/86 (A TOTAL OF 1,537 DAYS).

Defendants (1)

• TONOLLI CORP.Named in complaintNamed in settlement

Facilities (1)

• TONOLLI CORP

  RD #1 PENNA RT 54, NESQUEHONING, PA, 18240

  Registry ID: 110042080850

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• CWA 301 — NPDES Discharge without a Permit
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• TONOLLI CORPORATION, IN REentered 1997-12-17

  Primary law: RCRA

Timeline (7 milestones)

• 1986-06-27Enforcement Action Data Entered
• 1986-06-28Referred To Headquarters
• 1986-06-30Referred To Dept Of Justice
• 1986-06-30Complaint Filed With Court
• 1997-12-17Concluded
• 1997-12-17Final Order Entered
• 1997-12-17Final Order Lodged