EPA v. HARSCO CORP. D/B/A HECKETT MULTI-SERV

Case summary

THIS REFERRAL REQUESTS DOJ TO FILE AN AMENDED COMPLAINT ON BEHALF OF EPA IN ITS CIVIL ACTION AGAINST GALLATIN STEEL COMPANY TO INCLUDE (OR FILE A SEPARATE COMPLAINT AGAINST HARSCO CORP. D/B/A HECKETT MULTISERV AS DEFENDANT AND ALLEGE ADDITIONAL ONGOING VIOLATIONS OF THE CAA. GALLATIN OPERATES A STEEL PLANT NEAR THE OHIO RIVER BETWEEN LOUISVILLE AND CINCINNATI IN GHENT, GALLATIN COUNTY, KY. HARSCO D/B/A HECKETT MULTISERV IS A SUPPORT FACILITY WHICH OPERATES A SLAG PROCESSING PLANT AT GALLATIN. DOJ HAS DETERMINED THAT A SEPARATE COMPALINT WILL BE FILED AGAINST HARSCO CORP. AS A RESULT OF EPA REGION 4'S DIRECT REFERRAL TO DOJ IN SEPTEMBER 1996, A COMPLAINT WAS FILED ON EPA'S BEHALF AGAINST GALLATIN IN THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KY. EPA'S COMPLAINT AND PROPOSED CD WERE FILED SIMULTANEOUSLY IN 2/99. ON MAY 13, 99, LOCAL CITIZENS, VERNON, RICHARD, AND THOMAS ELLIS AND THEIR FAMILIES (WHO LIVE APPROX. 2 MILES FROM THE GALLATIN FACILITY, FILED ADVERSE COMMENTS TO THE PROPOSED CD, ALLEGING, AMONG OTHER THINGS, THAT HARMFUL FUGITIVE METALLIC DUST EMISSIONS WERE BEING EMITTED FROM GALLATIN'S STEEL MAKING OPERATION THAT WERE NOT ADDRESSED IN TEH CD. AT THE GOV'T'S REQUEST, THE CD IS CURRENTLY BEING HELD IN ABEYANCE TO ALLOW EPA TO INVESTIGATE THE ELLIS' CLAIMS AND TO EVALUATE ALTERNATIVE SEP'S PROPOSED BY GALLATIN. EPA AND KY CONDUCTED A JOINT MULTI-MEDIA INSPECTION OF THE GALLATIN PLANT, INCLUDING THE HARSCO STAG PLANT, ON 11/16 - 11/18, 1999, FOR COMPLIANCE WITH THE CAA, CWA AND RCRA. NO CWA VIOLATIONS WERE DETECTED. THE CAA VIOLATIONS DETECTED AT AT HECKETT ARE AS FOLLOWS. 12 SEPARATE FUGITIVE EMISSIONS VIOLATIONS WERE DOCUMENTED BY EPA INSPECTORS AGAINST HECKETT MULTISERVE ON 9/27/99 AND 9/28/99, DURING OFFSITE OBSERVATION OF THE HECKETT FACILITY. THE DUST CREATED FROM THE HECKETT ACTIVITIES CROSSED THE FENCE LINE ONTO THE ADJACENT PROPERTY OF THE MILERS, RELATIVES OF THE ELLIS FAMILY. EACH INSTANCE OF THESE 12 FUGITIVE EMISSIONS VIOLATIONS CONSTITUTES A VIOLATION OF 401 KAR 63:010 SECTION 3(1)(F) AND (2). THE SPECIFIC INSTANCES OF THE FUGITIVE EMISSIONS VIOLATIONS AT HECKETT RAE ENUMERATED IN THE INSPECTION REPORTS AND NOV. THE REQUESTED COMPLAINT WOULD ADDRESS THE VIOLATIONS BY HECKETT AS DISCUSSED ABOVE UNDER SECTIONS 113(B)92) OF THE CAA SEEKING INJUNCTIVE RELIEF AND PENALTIES FOR THESE VIOLATIONS. THE INJUNCTIVE RELIEF WILL INCLUDE REQUIRING HECKETT TO TAKE AFFIRMATIVE STEPS TO REDUCE FUGITIVE EMISSIONS THAT GO BEYOND THE PROPERTY LINE. SEE ALSO MATTER NUMBER 04-1996-0641.

Defendants (2)

• HECKETT MULTISERV
• HARSCO CORP.Named in complaintNamed in settlement

Facilities (1)

• HECKETT MULTISERVE-DIV OF HARSCO CORP

  U.S. HIGHWAY 42, GHENT, KY

  Registry ID: 110010392869

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Harsco Corp.entered 2002-06-20

  Primary law: CAA

  Federal penalty: $175,000

Timeline (6 milestones)

• 2000-02-15Referred To Dept Of Justice
• 2000-09-28Enforcement Action Data Entered
• 2001-08-29Complaint Filed With Court
• 2001-08-29Final Order Lodged
• 2002-06-20Final Order Entered
• 2006-11-21Enforcement Action Closed