EPA v. LOCKHEED MARTIN CORP (PADUCAH GASEOUS & DIFFUSION PLANT

Case summary

8/20/03 - REFERRAL SENT TO DOJ. This case is against the Lockheed Martin Corporation in its capacity as operator of the Paducah Gaseous and Diffusion Plant (PGDP) from 1984-1998 under Section 3008(a) of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. ?? 6928(a), as amended by the Hazardous and Solid Waste Amendments of 1984, seeking civil penalties and injunctive relief for violations of RCRA; EPA's regulations implementing RCRA at 40 C.F.R. Parts 260 through 271; and the authorized hazardous waste management regulations of the Commonwealth of Kentucky. The DOJ Civil Frauds Section (DOJ Frauds) has intervened in a Qui Tam action against defendants on certain issues, including the RCRA violations alleged in the referral. The referral requested that the DOJ Civil Environmental Enforcement Section (DOJ Civil) work in tandem with DOJ Frauds, and add RCRA civil counts to the False Claims Act case against Lockheed Martin Corporation and its subsidiary Lockheed Martin Energy Systems (LMES). A brief summary follows: A. Nature of the Case: The RCRA violations arise from Defendants' illegal storage and disposal of hazardous waste, land disposal restriction violations, numerous failures to make a hazardous waste determination, hazardous waste manifest violations, and several RCRA permit violations. B. Proposed Defendants: EPA requests that this action be filed against Lockheed Martin Corporation, its subsidiary Lockheed Martin Energy Systems, Martin Marietta Corporation (later merged with Lockheed Martin Corporation) and Martin Marietta Energy Systems (a subsidiary of Martin Marietta Corporation). C. Proposed Relief: EPA seeks a court order compelling Defendants to pay a civil penalty for past violations and other relief as the court deems just and proper. D. Significant Issues: As discussed above, this is not a typical case in that EPA is joining a Qui Tam action. 8/28/03- AMENDED COMPLAINT FILED. EPA JOINED THE CASE WHEN THE AMENDED COMPLAINT WAS FILED.

Defendants (6)

• LOCKHEED MARTIN CORPORATIONNamed in complaintNamed in settlement
• LOCKHEED MARTIN ENERGY SYSTEMS, INC.Named in settlement
• MARTIN MARIETTA CORP.Named in settlement
• MARTIN MARIETTA ENERGY SYSTEMS, INC.Named in complaintNamed in settlement
• MARTIN MARIETTA UTILITY SERVICESNamed in complaintNamed in settlement
• LOCKHEED MARTIN UTILITY SERVICESNamed in complaintNamed in settlement

Facilities (4)

• US DOE PADUCAH

  5600 HOBBS RD, PADUCAH, KY, 42001

  Registry ID: 110060257671

• US DOE PADUCAH

  5600 HOBBS RD, PADUCAH, KY, 42001

  Registry ID: 110060257671

• US DOE PADUCAH

  5600 HOBBS RD, PADUCAH, KY, 42001

  Registry ID: 110060257671

• US DOE PADUCAH

  5600 HOBBS RD, PADUCAH, KY, 42001

  Registry ID: 110060257671

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• LOCKHEED MARTIN CORP (PADUCAH GASEOUS & DIFFUSION PLANT (04-2016-C011)entered 2016-03-21

  Primary law: RCRA

  Federal penalty: $1,000,000

Timeline (7 milestones)

• 2003-08-20Referred To Dept Of Justice
• 2003-08-24Complaint Filed With Court
• 2003-09-15Enforcement Action Data Entered
• 2016-02-26Final Order Lodged
• 2016-03-21Enforcement Action Closed
• 2016-03-21Concluded
• 2016-03-21Final Order Entered