EPA v. MUNICIPAL AND INDUSTRIAL DISPOSAL CO.

Case summary

THIS REFERRAL IS MADE TO SUPPORT THE FILING OF TWO COUNTER CLAIMS IN MUNICIPAL AND INDUSTRIAL DISPOSAL CO. V. THOMAS, CIVIL ACTION NO. 88-2631 (W. D. PA.). MUNICIPAL AND INDUSTRIAL (M&I) OWNS AND OPERATES AN INACTIVE HAZARDOUS WASTE LANDFILL IN ALLEGHENY COUNTY, PENNSYLVANIA. EPA REGION III FILED AN ADMINISTRATIVE COMPLAINT FEBRUARY 28, 1985, PURSUANT TO SECTION 3008(A) OF RCRA CHARGING THAT THE COMPANY HAD VIOLATED 25 PA. CODE SECTION 75.265(N)(7-9) BY FAILING TO DEVELOP AN ADEQUATE GROUNDWATER MONITORING PLAN AND BY FAILING TO IMPLEMENT GROUNDWATER MONITORING. AN ALJ RULED JUNE 30, 1987, THAT THE COMPANY HAD VIOLATED THESE REGULATIONS, IMPOSED A $25,250 PENALTY AND ORDERED M&I TO IMPLEMENT GROUNDWATER MONITORING. M&I APPEALED TO THE ADMINISTRATOR. IN A FINAL DECISION DATED NOVEMBER 1, 1988, THE AGENCY'S CHIEF JUDICIAL OFFICER UPHELD THE ALJ'S RULING. THE COMPANY FILED A LAWSUIT DECEMBER 1, 1988, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT SEEKING REVIEW OF THE FINAL DECISION. IN ITS COUNTERCLAIM, EPA WILL SEEK ENFORCEMENT OF THE PENALTY PROVISIONS OF THE FINAL DECISION AND IMPOSITION OF CIVIL PENALTIES FOR FAILURE TO PAY PURSUANT TO SECTION 3008 OF RCRA. IN ADDITION, EPA WILL SEEK IMPOSITION OF CIVIL PENALTIES UPON M&I FOR ITS FAILURE TO COMPLY WITH AN ORDER ISSUED MARCH 11, 1987, PURSUANT TO SECTION 3013 OF RCRA, DIRECTING IT TO PERFORM A HYDRO GEOLOGIC STUDY OF THE FACILITY, INCLUDING SAMPLING OF GROUND WATER AND SURFACE WATER. IMPOSITION OF CIVIL PENALTIES WILL BE BASED UPON SECTION 3013(E) OF RCRA. SIGNIFICANT LEGAL ISSUES INCLUDE EPA'S ABILITY TO ENFORCE STATE HAZARDOUS WASTE REGULATIONS WHICH ARE PART OF A FEDERALLY AUTHORIZED RCRA PROGRAM AND JUDICIAL REVIEW OF THE ISSUANCE OF THE SECTION 3013 ORDER UPON THE ADMINISTRATIVE RECORD. PRIOR ENFORCEMENT ACTIONS ARE DETAILED ABOVE; THE SITE IS CURRENTLY UNDERGOING A PRP-LED CERCLA REMOVAL RESPONSE ACTION. M&I OWNER IS CURRENTLY IN JAIL FOR VIOLATING STATE HAZARDOUS WASTE REGULATIONS AND FOR CONSPIRACY TO MURDER AN EMPLOYEE OF THE STATE ENVIRONMENTAL AGENCY.

Defendants (2)

• FIORE, WILLIAMNamed in complaintNamed in settlement
• MUNICIPAL AND INDUSTRIAL DISPOSAL CO.Named in complaint

Facilities (1)

• MUNICIPAL & IND DISPOSAL CO

  HENDERSON RD, BUENA VISTA, PA, 15018

  Registry ID: 110007745841

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• MUNICIPAL AND INDUSTRIAL DISPOSAL CO.entered 2004-07-15

  Primary law: RCRA

  Federal penalty: $624,000

Timeline (7 milestones)

• 1988-12-01Enforcement Action Data Entered
• 1989-02-01Referred To Dept Of Justice
• 1989-09-22Complaint Filed With Court
• 2004-07-15Final Order Lodged
• 2004-07-15Final Order Entered
• 2004-07-15Concluded
• 2004-07-15Enforcement Action Closed