EPA v. ZIPPO MANUFACTURING COMPANY

Case summary

RESPONDENT VIOLATED 25 PA. CODE SECTION 270A.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 270.1(b), AND SECTION 3005(a) OF RCRA, 42 U.S.C. SECTION 6925(a), BY OPERATING A HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY WITHOUT A PERMIT, INTERIM STATUS OR A VALID EXEMPTION TO THE PERMIT REQUIREMENT. RESPONDENTVIOLATED 25 PA CODE SECTION 264A.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 264.173(A), BY FAILING TO KEEP A 55 GALLON HAZARDOUS WASTE CONTAINER HOLDING HAZARDOUS WASTE SOLVENTS CLOSED AT A TIME WHEN IT WAS NOT NECESSARY TO ADD OR REMOVE WATSTE. RESPONENT VIOLATED 25 PA CODE SECTION 264A.1, WHICH INCORPORATED BY REFERENCE 40 C.F.R. SECTION 264.16(D)(2), BY FAILING TO MAINTAIN AT THE FACILITY A WRITTEN JOB DESCRIPTION FOR EACH POSITION AT THE FACILITY RELATED TO HAZARDOUS WASTE MANAGEMENT. RESPONDENT VIOLATED 25 PA CODE SECTION 2611B.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 273.13(D)(1), BY FAILING TO STORE UNIVERSAL WASTE LAMPS IN CONTAINERS AND TO KEEP SUCH CONTAINERS OF UNIVERSAL WASTE LAMPS CLOSED DURING STORAGE. REPSONDENT VIOLATED 25 PA. CODE SECTION 266B.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 23.14(E), BY FAILING TO KEEP CONTAINERS OF UNVERSAL WASTE LAMPS LABELED WITH THE WORS UNIVERSAL WASTE-LAMPS OR WASTELAMPS OR USED LAMPS . RESPONDENT VIOLATED 25 PA CODE SECTION 266B.1, WHICH INCORPORATES BY REFERENCE 40 F.R.R. SECTION 273.15(C), BY FAILING TO DEMONSTRATE THE LENGTH OF TIME THAT THE UNIVERSAL WASTE LAMPS OBSERVED AT THE FACILITY BY THE EPA INSPECTOR ON AUGUST 13, 2014 HAD BEEN ACCUMULATED FROM THE DATE SUCH UNIVERSAL WASTE LAMPS BECAME A WASTE OR WERE RECEIVED. RESPONDENT'S FAILURE TO SUBMIT TO EPA AND THE COMMONWEALTH OF PENNSYLVANIA, COMPLETED TOXIC CHEMMICAL RELEASE FORMS (FORM R AND FORM A) TO REPORT ITS PROCESSING OF CHROMIUM AT THE FACILITY DURING CALENDAR YEARS 2011, 2012 AND 2013 BY JULY 1 OF EACH RESPECTIVE FOLLOWING YEAR, CONSITTUTES THREE SEPARATE VIOLATIONS OF EPCRA SECTION 313, 42 U.S.C. SECTION 11023, AND 40 C.F.R. SECTION 37230(D), FOR WHICH RESPONDENT IS LIABLE FOR CIVIL PENALTY PURSUANT TO SECTION 325(C) OF EPCRA, 42 U.S.C. SECTION 11045(C). RESPONDENT'S FAILURE TO SUBMIT TO EPA AND THE COMMONWEALTH OF PENNSYLVANIA, COMPLETED TOXIC CHEMICAL RELEASE FORMS (FORM R AND FORM A) TO REPORT ITS PROCESSING OF NICKEL AT THE FACILITY DURING THE CALENDAR YEARS 2011, 2012 AND 2013 BY JULY 1 OF EACH RESPECTIVE FOLLOWING YEAR CONSTITUTES THREE SEPARATE VIOLATION OF EPCRA SECTION 313, 42 U.S.C. SECTION 11023, AND 40 C.F.R. SECTION 372.30(D), FOR WHICH RESPONDENT IS LIABLE FOR CIVIL PENALTY PURSUANT TO SECTION 325(C) OF EPCRA, 42 U.S.C. SECTION 11045(C). RESPONDENT'S FAILURE TO RESUBMIT TO EPA AND THE COMMONWEALTH OF PENNSYLVANIA, COMPLETED TOXIC CHEMICAL RELEASE FORMS (FORM R AND FORM A) TO REPORT ITS PROCESSING OF COPPER AT THE FACILITY DURING THE CALENDAR YEARS 2011, 2012 AND 2013 BY JULY 1 OF EACH RESPECTIVE FOLLOWING YEAR, CONSTITUTES THREE SEPARATE VIOLATIONS OF EPCRA SECTION 313, 42 U.S.C. SECTION 11023, AND 40 C.F.R. SECTION 372.30(D), FOR WHICH RESPONDENT IS LIABLE FOR A CIVIL PENALTY PURSUANT TO SECTION 325(C) OF EPCRA, 42 U.S.C. SECTION 11045(C).

Defendants (1)

• ZIPPO MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (3)

• ZIPPO MANUFACTURING

  33 BARBOUR STREET, BRADFORD, PA, 16701

  Registry ID: 110060058388

• ZIPPO MFG CO/CONGRESS ST

  401 CONGRESS ST, BRADFORD, PA, 16701-3962

  Registry ID: 110006377884

• ZIPPO MFG CO/CONGRESS ST

  401 CONGRESS ST, BRADFORD, PA, 16701-3962

  Registry ID: 110006377884

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• ZIPPO MANUFACTURING COMPANYentered 2015-08-04

  Primary law: RCRA

  Federal penalty: $185,998

Timeline (3 milestones)

• 2015-08-04Final Order Issued
• 2015-08-04Complaint Filed/Proposed Order
• 2015-08-24Enforcement Action Data Entered