EPA v. Southwire Company (Complaint/CAFO)

Case summary

2/20/03 - CAFO ISSUED (NO COMPLAINT FILED). ON OR ABOUT AUGUST 15, 2000, RESPONDENT VOLUNTARILY DISCLOSED TO THE EPA THAT IT HAD DISCOVERED POTENTIAL VIOLATIONS OF THE LAND DISPOSAL RESTRICTIONS (LDR) AT THE CARROLLTON PLANT IN GEORGIA. THE BAGHOUSE DUST GENERATED AT ITS COPPER DIVISION PLANT IN CARROLLTON, GA, WAS NEVER TESTED FOR DIOXINS/FURANS PRIOR TO DISPOSAL AND POTENTIALLY CONTAINED CONCENTRATIONS OF DIOXINS/FURANS EXCEEDING THE LDR UNIVERSAL TREATMENT STANDARDS. THE RESPONDENT MADE THIS DISCLOSURE PURSUANT TO EPA'S SELF-DISCLOSURE POLICY. ON OCTOBER 10, 2000, RESPONDENT SUPPLEMENTED ITS VOLUNTARY DISCLOSURE TO EPA TO DISCLOSE THAT DIOXINS/FURANS MAY HAVE BEEN PRESENT ABOVE LDR UNIVERSAL TREATMENT STANDARDS IN BAGHOUSE DUST FROM A FORMER COPPER SMELTER IN GASTON, SC; GAS OVEN ASH FROM THE BUILDING WIRE MILL IN CARROLLTON, GA, AND SLUDGE FILTERCAKE FROM THE WASTEWATER TREATMENT SYSTEM AT THE COPPER DIVISION. ON JANUARY 3, 2001, RESPONDENT NOTIFIED EPA OF POTENTIAL LDR VIOLATIONS AT THE STARKVILLE, MISSISSIPPI, AND OSCEOLA ARKANSAS PLANTS. BAKE OVEN ASH AT THE STARKVILLE AND OSCEOLA PLANTS WERE DISPOSED WITHOUT TESTING FOR DIOXINS/FURANS AND POTENTIALLY CONTAINED CONCENTRATIONS OF DIOXINS/FURANS ABOVE THE LDR UNIVERSAL TREATMENT STANDARDS. THEREFORE, RESPONDENT VIOLATED 40 CFR 262.11, GA ADMIN CODE 391-3-11-.08, APDC&E REGULATION 23 262.11, MHWMR HW-1 PART 262 BY FAILING TO MAKE A HAZARDOUS WAST DETERMINATION. RESPONDENT ALSO VIOLATED 40 CFR 268.7, GA ADMIN CODE 391-3-11-.16, APDC&E REGS 23 PART 268.7 AND MHWMR HW-1 PART 268 BY FAILING TO MAKE A DETERMINATION THAT THE WASTE MET LDR TREATMENT STANDARDS PRIOR TO DISPOSA

Defendants (1)

• SOUTHWIRE COMPANYNamed in complaintNamed in settlement

Facilities (7)

• SOUTHWIRE COMPANY

  111 BARNETT SHOALS ROAD, CARROLLTON, GA, 30677

  Registry ID: 110000356329

• SOUTHWIRE COMPANY

  111 BARNETT SHOALS ROAD, CARROLLTON, GA, 30677

  Registry ID: 110000356329

• SOUTHWIRE COMPANY

  111 BARNETT SHOALS ROAD, CARROLLTON, GA, 30677

  Registry ID: 110000356329

• SOUTHWIRE COMPANY

  111 BARNETT SHOALS ROAD, CARROLLTON, GA, 30677

  Registry ID: 110000356329

• SOUTHWIRE COMPANY STARKVILLE PLANT

  103 AIRPORT RD., STARKVILLE, MS, 39759

  Registry ID: 110000377743

• SOUTHWIRE COMPANY

  111 BARNETT SHOALS ROAD, CARROLLTON, GA, 30677

  Registry ID: 110000356329

• SOUTHWIRE COMPANY

  111 BARNETT SHOALS ROAD, CARROLLTON, GA, 30677

  Registry ID: 110000356329

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Southwire Company (Complaint/CAFO)entered 2003-02-20

  Primary law: RCRA

  Federal penalty: $23,845

Timeline (3 milestones)

• 2003-02-20Final Order Issued
• 2003-02-20Complaint Filed/Proposed Order
• 2003-04-04Enforcement Action Data Entered