EPA v. GF OFFICE FURNITURE, LTD.

Case summary

RESPONDENT FAILED TO TIMELY REPORT THE 1990 RELEASE OF HAZARDOUS SUBSTANCES FROM ITS UST SYSTEMS BY TELEPHONE, ELECTRONIC MAIL, OR ANY OTHER METHOD, AS REQUIRED UNDER 40 CFR 280.50. SINCE THE HARM FROM THE RELEASE (SOIL AND GROUNDWATER CONTAMINATION) CONTINUED AFTER THE RELEASE UNABATED, THE ENTIRE PERIOD BETWEEN THE ACTUAL RELEASE AND RESPONDENT'S NOTIFICATION OF THE RELEASE IS CONSIDERED A CONTINUING VIOLATION. RESPONDENT'S ACTS OR OMISSIONS CONSTITUTE A VIOLATION OF SECTION 9003 OF RCRA AND 40 CFR 280.50. RESPONDENT FAILED TO PERFORM THE RELEASE INVESTIGATION AND CONFIRMATION STEPS FOLLOWING THE 1990 RELEASE OF HAZARDOUS SUBSTANCES FROM ITS UST SYSTEMS, AS REQUIRED UNDER 40 CFR 280.52. UNLESS CORRECTIVE ACTION IS INITIATED AFTER A RELEASE OF HAZARDOUS SUBSTANCES IN ACCORDANCE WITH 40 CFR PART 280, SUBPART F, OWNERS AND OPERATORS OF UST SYSTEMS MUST IMMEDIATELY INVESTIGATE AND CONFIRM ALL SUSPECTED RELEASES OF REGULATED SUBSTANCES REQUIRING REPORTING UNDER 40 CFR 280.50 WITHIN 7 DAYS. RESPONDENT DID NOT PERFORM THE INVESTIGATION AND TESTING WITH 7 DAYS OF DISCOVERY OF THE RELEASE AS REQUIRED BY 40 CFR 280.52; IN VIOLATION OF RCRA 9003 AND 40 CFR 280.52. RESPONDENT FAILED TO PERFORM INITIAL RESPONSE AS REQUIRED UNDER 40 CFR 280.61. UPON CONFIRMATION OF A RELEASE IN ACCORDANCE WITH 40 CFR 280.52 OR AFTER A RELEASE FROM A UST SYSTEM IS IDENTIFIED IN ANY OTHER MANNER, OWNERS AND OPERATORS MUST PERFORM THE INITIAL RESPONSE ACTIONS IDENTIFIED 40 CFR 280.61(A)-(C) WITHIN 24 HOURS OF A RELEASE. RESOPNDENT FAILED TO PERFORM ANY KIND OF INITIAL RESPONSE ACTIONS ASSOCIATED WITH THE 1990 RELEASE WITHIN THE TIME FRAME REQUIRED; IN VIOLATION OF RCRA 9003 AND 40 CFR 280.61. RESPONDENT FAILED TO PERFORM INITIAL ABATEMENT MEASURES AND SITE CHECK AFTER THE 1990 RELEASE WITHIN THE TIME FRAMES REQUIRED UNDER 40 CFR 280.62(A)(1)- (6). RESPONDENT FAILED TO SUBMIT A REPORT TO EPA WITHIN 20 DAYS AFTER RELEASE CONFIRMATION SUMMARIZING THE INITIAL ABATEMENT STEPS TAKEN AS REQUIRED UNDER 40 CFR 280.62(B), IN VIOLATION OF RCRA 9003 AND 40 CFR 280.62. RESPONDENT FAILED TO PERFORM AN INITIAL SITE CHARACTERIZATION AS REQUIRED UNDER 40 CFR 280.63. UNLESS DIRECTED TO DO OTHERWISE BY THE IMPLEMENTING AGENCY, OWNERS AND OPERATORS MUST ASSEMBLE IN A REPORT INFORMATION ABOUT THE SITE AND THE NATURE OF THE RELEASE, INCLUDING INFO GAINED WHILE CONFIRMING THE RELEASE OR COMPLETING THE INITIAL ABATEMENT MEASURES IN 40 CFR 280.60 AND 280.61, AND FURTHER INCLUDING ADDITIONAL INFO REQUIRED UNDER 40 CFR 280.63(A), WITHIN THE TIME FRAMES REQUIRED BY THESE SECTIONS. RESPONDENT FAILED TO SUBMIT THE REPORT TO EPA WITHIN 45 DAYS AFTER RELEASE CONFIRMATION AS REQUIRED UNDER 40 CFR 280.63(B); IN VIOLATION OF SECTION 9003 OF RCRA AND 40 CFR 280.63. RESPONDENT FAILED TO TIMELY PERFORM INVESTIGATIONS FOR SOIL AND GROUNDWATER CLEANUP AS REQUIRED UNDER 40 CFR 280.65. RESPONDENT DID NOT CONDUCT INVESTIGATIONS AND SUBMIT THE INFO REQUIRED UNDER 40 CFR 280.65(A)-(B) AS SOON AS PRACTICABLE OR IN ACCORDANCE WITH A SCHEDULE ESTABLISHED BY THE IMPLEMENTING AGENCY; IN VIOLATION OF RCRA 9003 AND 40 CFR 280.65. SEE ALSO: DOCKET MATTERS 04-1996-0626 AND 04-1998-0176.

Defendants (1)

• GF OFFICE FURNITURE, LTDNamed in complaintNamed in settlement

Facilities (2)

• GF FURNITURE SYSTEMS INC

  525 STEAM PLANT RD, GALLATIN, TN, 37066

  Registry ID: 110000370125

• GF FURNITURE SYSTEMS INC

  525 STEAM PLANT RD, GALLATIN, TN, 37066

  Registry ID: 110000370125

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• GF OFFICE FURNITURE, LTDentered 2001-07-11

  Primary law: RCRA

  Federal penalty: $63,000

Timeline (4 milestones)

• 2001-01-02Complaint Filed/Proposed Order
• 2001-04-11Enforcement Action Data Entered
• 2001-07-11Final Order Issued
• 2001-08-16Enforcement Action Closed