EPA v. GASTON COPPER RECYCLING CORP.

Case summary

GASTON COPPER RECYCLING CORPORATION (GCRC) RELEASED ELECTROLYTIC SOLUTION TO THE FLOOR OF THE TANK HOUSE. THIS RESULTED IN THREE RCRA VIOLATIONS: (1) ILLEGAL DISPOSAL OF HAZARDOUS WASTE; (2) FAILING TO COMPLY WITH LAND DISPOSAL RESTRICTION REQUIREMENTS, AND (3) FAILING TO OPERATE THE FACILITY TO MINIMIZE THE POSSIBILITY OF A FIRE, EXPLOSION, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRONMENT. THE RELEASE HAS BEEN REMOVED AND THE ONLY REMAINING ISSUE IS THE AMOUNT OF THE CIVIL PENALTY. USING THE 1990 RCRA CIVIL PENALTY POLICY, EPA CALCULATED A PENALTY FOR THE 3 VIOLATIONS OF $657,944. GCRC OFFERED $700,000. SINCE THE $700,000 WAS ABOVE THE AMOUNT EPA CALCULATED AS ITS BOTTOM LINE PURSUANT TO THE PENALTY POLICY, EPA AGREED TO ACCEPT THE $700,000. THERE IS A RCRA 3008(H) ORDER IN EFFECT FOR CORRECTIVE ACTION AT THE SITE. EPA AGREED AS PART OF THE SETTLEMENT OFFER TO ROLL OVER CLEANUP OF THE TANK HOUSE INTO THE ORDER. A STIPULATION AND SETTLEMENT WILL BE SIGNED BY THE PARTIES TO SETTLE THIS MATTER. THIS WILL ENABLE THE AGENCY TO OBTAIN A LARGE CIVIL PENALTY ($700,000) AND HUNDREDS OF THOUSANDS OF DOLLARS IN INJUNCTIVE RELIEF UNDER THE RCRA 3008(H) ORDER WITHOUT THE EXPENSE OF FURTHER LITIGATION. IN ADDITION, RESOLVING THE MATTER WILL ALLOW EPA AND GCRC TO EXPEDITE THE CLEAN-UP OF THE TANK HOUSE. TO ASSURE FINALITY IN THE RESOLUTION OF THE CLAIMS RELATED TO THE RELEASE OF THE ELECTROLYTE SOLUTION IN THE TANK HOUSE, GCRC HAS REQUESTED THAT THE STATE OF SC BE A PARTY TO THE STIPULATION AND SETTLEMENT AGREEMENT. THE STATE HAS AGREED TO BE A CO-PLAINTIFF AND A PARTY TO THE SETTLEMENT.

Defendants (1)

• GASTON COPPER RECYCLING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• GASTON COPPER RECYCLING

  HWY 321, GASTON, SC, 29053

  Registry ID: 110064152875

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• GASTON COPPER RECYCLING (STIP/STLMT) (04-2002-C019entered 2002-01-18

  Primary law: RCRA

  Federal penalty: $700,000

Timeline (7 milestones)

• 2001-09-28Enforcement Action Data Entered
• 2001-09-28Referred To Dept Of Justice
• 2002-01-18Complaint Filed With Court
• 2002-01-18Concluded
• 2002-01-18Final Order Entered
• 2002-01-18Final Order Lodged
• 2002-08-12Enforcement Action Closed