EPA v. LWD, INC.

Case summary

SEE ALSO MATTER NUMBER 04-1997-0350 (3013 ADMINISTRATIVE ORDER). LWD FAILED TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SECTION 3013 OF RCRA ISSUED TO LWD ON 2/7/97. THE ORDER WAS ISSUED BASED UPON INFO THAT RELEASES FROM LWD'S INCINERATORS MAY CAUSE A SUBSTANTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT. LWD OWNS AND OPERATES A COMMERCIAL HAZARDOUS WASTE STORAGE AND TREATMENT FACILITY IN CALVERT CITY, KY. LWD OPERATES 3 HAZARDOUS WASTE INCINERATORS WHICH TREAT OVER 200 RCRA HAZARDOUS WASTES. LWD IS THE ONLY COMMERCIAL HAZARDOUS WASTE INCINERATOR IN REGION 4, AND THE ONLY INCINERATOR IN REGION 4 THAT IS NOT OPERATING UNDER A PERMIT. ON MAY 23, 1994, EPA HAD RECEIVED DATA FROM LWD SHOWING ELEVATED LEVELS OF DIOXIN EMISSIONS FROM ITS INCINERATOR. THIS INFO, COUPLED WITH EPA'S KNOWLEDGE ABOUT THE FORMATION AND TOXICITYOF DIOXINS WAS SUFFICIENT TO SUPPORT EPA'S AUTHORITY UNDER SECTION 3013 OF RCRA TO ORDER LWD TO DEVELOP A TRIAL BURN PLAN AND PERFORM A TRIAL BURN. BETWEEN 1994 AND 1997 FAILED TO SUBMIT A SATISFACTORY TRIAL BURN PLAN. ALSO, EPA RECEIVED SENSITIVITY ANALYSIS RESULTS FROM ITS CONTRACTOR A.T. KEARNEY, AND USING LWD'S DIOXIN DATA, THE PRELIMINARY RISK ASSESSMENT SHOWED THAT LWD EXCEEDED THE ACCEPTABLE RISK EXPOSURE VALUES IN 3 OF ITS 6 INCINERATOR TESTS. IT WAS THIS ADDITIONAL DATA, COUPLED WITH LWD'S DELINQUENT & DEFICIENT TRIAL BURN PLAN SUBMITTALS THAT FINALLY LED EPA TO ORDER THE SUBMISSION OF A TRIAL BURN PLAN AND IMPLEMENTATION OF THAT PLAN UNDER THE AUTHORITY OF RCRA SECTION 3013. AS A RESULT OF THE ORDER, LWD FINALLY SUBMITTED AN ADEQUATE TRIAL BURN PLAN. ON 11/13/98, EPA NOTIFIED LWD IT HAD APPROVED THE PLAN (WITH CERTAIN MODIFICATIONS) AND REQUIRED LWD TO IMPLEMENT THE PLAN WITHIN 90 DAYS. ON 12/2/98, LWD RESPONDED, INDICATING THAT IT WOULD NOT PERFORM THE TRIAL BURN. EPA REQUESTS AN INJUNCTION REQUIRED LWD TO COMPLY WITH THE ORDER AND ALSO REQUESTS SIGNIFICANT CIVIL PENALTIE

Defendants (1)

• LWD, INC.Named in complaintNamed in settlement

Facilities (1)

• LWD INCORPORATED

  2475 INDUSTRIAL PARKWAY, CALVERT CITY, KY, 42029

  Registry ID: 110000496892

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• LWD, INC.entered 2002-03-20

  Primary law: RCRA

  Federal penalty: $275,000

Timeline (6 milestones)

• 1999-02-18Referred To Dept Of Justice
• 1999-04-12Enforcement Action Data Entered
• 2002-01-16Complaint Filed With Court
• 2002-01-16Final Order Lodged
• 2002-03-20Final Order Entered
• 2002-03-20Concluded