EPA v. BETHLEHEM STEEL CORP

Case summary

COUNT I. DISPOSAL OF HAZARDOUS WAST WITHOUT A PERMIT: RCRA SECTION 3005(A), 42 U.S.C. SECTION 6925(A) REQUIRES A PERSON TO OBTAIN A PERMIT PRIOR TO THE DISPOSAL OF HAZARDOUS WASTE. EPA INSPECTORS OBSERVED THE LISTED HAZARDOUS WASTE, K061, COATING THE GROUND AT THE FACILITY SURROUNDING BAGHOUSES A, B, D AND E. THESE BAGHOUSES ARE WHERE THE K061 GENERATED DURING RESPONDENT'S MANUFACTURING PROCESS IS STORED PENDING REMOVAL. RESPONDENT DID NOT HAVE A PERMIT TO DISPOSE OF K061 BY ACCUMULATING IT ON THE SOIL SURROUNDING BAGHOUSES A,B, D AND E. COUNT II. IMPROPER LAND DISPOSAL OF UNTREATED HAZARDOUS WASTE: SECTION 3004 OF RCRA, 42 U.S.C. SECTION 6924 AND 40 C.F.R. PART 268 PROHIBIT LAND DISPOSAL OF HAZARDOUS WASTES EXCEPT UNDER VERY LIMITED CIRCUMSTANCES. 40 C.F.R. PART 268 IDENTIFIES THOSE HAZARDOUS WASTES THAT ARE RESTRICTED FROM LAND DISPOSAL AND SETS FORTH CIRCUMSTANCES UNDER WHICH AN OTHERWISE PROHIBITED WASTE MAY BE LAND DISPOSED. THE LISTED HAZARDOUS WASTE, K061, MAY ONLY BE LAND DISPOSED IF IT IS TREATED IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THE TABLE CONTAINED IN 40 C.F.R. SECTION 268.40. NO MEANS TO TREAT K061 AS REQUIRED UNDER 40 C.F.R. SECTION 268.40 AT THE FACILITY WAS OBSERVED BY THE EPA INSPECTORS, AND IN FACT, THE K061 IS REMOVED TO ANOTHER FACILITY FOR METALS RECOVERY.

Defendants (1)

• BETHLEHEM STEEL CORPNamed in complaintNamed in settlement

Facilities (1)

• BETHLEHEM LUKENS PLATE DIV

  139 MODENA RD, COATESVILLE, PA, 19320

  Registry ID: 110059230112

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Bethlehem Steel Corpentered 2002-12-03

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (3 milestones)

• 2001-09-18Enforcement Action Data Entered
• 2001-09-28Complaint Filed/Proposed Order
• 2002-12-03Final Order Issued