EPA v. ACTION MANUFACTURING

Case summary

ON DECEMBER 30, 1993, THE ACTING REGIONAL ADMINISTRATOR SIGNED A MULTI-MEDIA CIVIL LITIGATION REPORT IN SUPPORT OF EPA'S REQUEST THAT A COMPLAINT BE FILED AGAINST ACTION MANUFACTURING COMPANY ( ACTION ) UNDER SECTION 3008(A) OF THE CONSERVATION AND RECOVERY ACT ( RCRA ), SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99- 499 ( CERCLA ), AND SECTIO 1421 OF THE SAFE DRINKING WATER ACT ( SDWA ). EPA IS SPECIFICALLY REQUESTIONG THAT THE DEPARTMENT OF JUSTICE COMMENCE AN ACTION UNDER RCRA AND THE SDWA FOR INJUNCTIVE RELIEF AND PENALTIES AND UNDER CERCLA TO RECOVER COSTS INCURRED BY THE UNITED STATES AT THE ABOVE- REFERENCED FACILTIY. THIS ACTION SEEKS TO ENFORCE CERTAIN PROVISION OF RCRA WITH RESPECT TO THE DEFENDENT'S OPERATION OF HAZARDOUS WASTE MANAGEMENT UNITS WITHOUT A PERMIT OR INTERIM STATUS, AS WELL AS FAILURE TO COMPLY WITH INTERIM STATUS STANDARDS RELATING TO THOSE UNITS. BY THIS ACTION EPA ALSO SEEKS TO ENFORCE THE SDWA WITH RESPECT TO THE DEFENDANT'S OPERATION OF AN INJECTION WELL IN VIOLATION OF THE UNDERGROUND INJECTION WELL ( UIC ) PROGRAM. IN ADDITION, THIS ACTION SEEKS RE- COUPMENT OF APPROXIMATELY $212,000.00 INCURRED BY THE UNITED STATES FOR CERCLA EMERGENCY REMOVAL MEASURES UNDERTAKEN AT THE DEFENDANT'S FACILITY. EPA IS SEEKING A COURT ORDER COMPELLING THE DEFENDANTS TO COMPY WITH THE RELEVANT REGULATORY AND PERMIT REQUIREMENTS, TO PAY A CIVIL PENALTY FOR PAST VIOLATIONS AND TO REIMBURSE THE UNITED STATES FOR ITS PAST COSTS AND A DECLARATORY JUDGEMENT FOR FUTURE CERCLA RESPONSE COSTS TO BE INCURRED AT THE FACILITY. ACTION MANUFACTURERS EXPLOSIVE DEVICES. IT WAS OPERATED AT THIS SITE SINCE 1975. OPERATIONS AT THE FACILITY ALSO INCLUDE OR HAVE INCLUDED STORAGE OF PYROTECHNIC AND EXPLOSIVE MATERIAL PRIOR TO PROCESSING, SOTRAGE AND/OR DISPOSAL OF WASTEWATER AND SLUDGE GENERATED FROM PROCESSING AND STORAGE AND/OR DISPOSAL OF OFF-SPECIFICATION EXPLOSIVE COMPONENTS. ACTION SUBMITTED TO EPA A NOTIFICATION OF HAZARDOUS WASTE ACTIVITY FOR THIS FACILITY PURSUANT TO SECTION 3010 OF RCRA, 42 U.S.C. SECTION 6930(A) ON MARCH 10, 1982. IT IDENTIFIED ITSELF AS A GENERATOR AND TREATMENT/ STORAGE/DISPOSAL FACILITY FOR HAZARDOUS WASTE K046, K044. THE PENNSYLVANIA DEPT. OF ENVIRONMENTAL RESOURCES/PROTECTION ( PADEP ) ISSUED A NOTICE OF VIOLATION ON JULY 18, 1988 TO ACTION. ACTION SUBMITTED PART A OF THE RCRA PERMIT APPLICATION TO PADEP ON JULY 1, 1991, AND THEN SUBMITTED AN AMENDED PART A AND PART B PERMIT APPLICATION ON FEB. 12, 1992. EPA INSPECTED THE FACILITY AND DETERMINED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT EXISTED AND ISSUED A CERCLA UAO SECTION 106 REMOVAL ORDER, WHICH ACTION SUCCESSFULLY COMPLETED AS OF OCT. 8, 1993. ON SEPT. 24, 1994, ACTION ENTERED INTO A RCRA SECTION 3008(H) ADMIN. ORDER ON CONSENT. IT IS ESTIMATED EPA HAS INCURRED APPROXIMATELY $400,124.34 IN PAST RESPONSE COSTS, $113,225.00 ATTRIBUTABLE TO OVER- SIGHT AND NON-RECOVERABLE PER U.S. V ROHN & HAAS, 2 F 3D 1265 (3D CIR. 1993), THEREFORE EPA SEEKS $286,689.74 (UNVERIFIED AS YET) INCURRED IN CONNECTION WITH RESPONSE MEASURES TAKEN AN THIS SITE, PURSUANT TO CERCLA SECTION 107, 42 U.S.C. SECTION 9607.

Defendants (1)

• ACTION MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (2)

• ACTION MANUFACTURING COMPANY PLANT 5

  RD1 BOX 197 BAILEYS CROSSROADS, ATGLEN, PA, 19310

  Registry ID: 110017865648

• ACTION MANUFACTURING COMPANY PLANT 5

  RD1 BOX 197 BAILEYS CROSSROADS, ATGLEN, PA, 19310

  Registry ID: 110017865648

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 113G2 — Superfund
• SDWA 1421 — UIC Regulations
• CERCLA 113 — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ACTION MANUFACTURING COMPANY INC.entered 1998-03-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-02-15Enforcement Action Data Entered
• 1993-12-30Referred To Dept Of Justice
• 1995-05-27Returned To Region
• 1996-09-30Complaint Filed With Court
• 1996-09-30Rereferred
• 1998-03-13Final Order Lodged
• 1998-03-13Final Order Entered