EPA v. JIM WALTER RESOURCES, INC.

Case summary

NATURE OF THE CASE THE JIM WALTER RESOURCES, INC. (J.W.R. FACILITY IS LOCATED IN JEFFERSON COUNTY, JUST OUTSIDE OF THE CITY LIMITS OF BIRMINGHAM, ALABAMA. IN THE COURSE OF ITS PRO DUCTION PROCESS, J.W.R. GENERATES INDUSTRIAL WASTEWATER WHICH HAS BEEN CLASSIFIED AS A CHARACTERISTIC HAZARDOUS WASTE.SPECIFICALLY, J.W.R.'S INDUSTRIAL WASTEWATER EXHIBITS THE CHARACTERISTIC OF CORROSIVITY, AS DEFINED IN 40 C.F.R. SECTION 261.22, AND HAS THE EPA HAZARDOUS WASTE NUMBER DOO2. NATIONAL OR PRECEDENTIAL ISSUES WHETHER PROHIBITING A FA- CILITY FROM RECEIVING HAZARDOUS WASTES & TERMINATING ITS IN- TERIM STATUS FOR FAILURE TO OBTAIN THE REQUIRED FINANCIAL RESPONSIBILITY AND FINANCIAL ASSURANCE INSTRUMENTS VIOLATES DUE PROCESS WHEN CONSIDERING THE RELATIVE IMPOSSIBILITY FOR CERTAIN FACILITIES TO FIND SUCH COVERAGE? RELIEF SOUGHT REGION IV IS REQUESTING THAT THE GOVERNMENT SEEK A TEMPORARY RESTRAINING ORDER, AND A PRELIMINARY IN- JUNCTION AND PERMANENT INJUNCTION WHICH WOULD PROHIBIT J.W.R. FROM CONTINUING TO STORE AND TREAT HAZARDOUS WASTE IN ITS SURFACE IMPOUNDMENTS. FURTHER THE GOVERNMENT SHOULD RE- QUEST THE COURT TO REQUIRE THE DEFENDANT TO (1) SUBMIT A CLO SURE PLAN, (2) COMPLY W/FINANCIAL RESPONSIBILITY REQUIRE- MENTS THROUGH CLOSURE, (3) CLOSE, (4) APPLY FOR A POST-CLO- SURE PERMIT, AND (5) TAKE CORRECTIVE MEASURES AS NECESSARY. WE ALSO RECOMMEND THAT CIVIL PENALITIES IN THE AMOUNT OF $25,000 PER DAY BE ASSESSED AGAINST THE DEFENDANT FOR EACH DAY OF OPERATION W/OUT A PERMIT.

Defendants (1)

• JIM WALTER RESOURCES, INC.Named in complaintNamed in settlement

Facilities (8)

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

• ERP COMPLIANCE COKE, LLC

  3500 35TH AVENUE NORTH, BIRMINGHAM, AL, 35207-2918

  Registry ID: 110000366657

Statutes cited

• RCRA 3005E — Res Conserv & Rec Act

Enforcement conclusions (1)

• JIM WALTER RESOURCES INC.entered 1987-10-16

  Primary law: RCRA

  Federal penalty: $110,000

Timeline (7 milestones)

• 1986-06-23Referred To Headquarters
• 1986-07-29Referred To Dept Of Justice
• 1986-11-06Complaint Filed With Court
• 1987-10-16Final Order Lodged
• 1987-10-16Final Order Entered
• 1987-10-16Concluded
• 1988-01-01Enforcement Action Closed