EPA v. AII ACQUISITION, LLC/OWENSBORO RIVERPORT PROPERTIES, INC.

Case summary

9/12/2008 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,000 DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IS THE SUCCESSOR TO CERTAIN LIABILITIES OF THE FORMER OWNER OF GREEN RIVER STEEL CORP. RESPONDENT'S AFFILIATE IS THE OPERATOR OF A PERMITTED RCRA POST-CLOSURE UNIT. THE FACILITY IS REGULATED THROUGH A RCRA POST-CLOSURE CARE AND MONITORING PERMIT ISSUED BY THE STATE OF KY TO GREEN RIVER STEEL CORP. RESPONDENT IS THE SUCCESSOR TO AII ACQUISITION, INC., THE FORMER OWNER OF THE STOCK OF GREEN RIVER STEEL CORP. RESPONDENT SOLD THE STOCK AND ASSETS OF GREEN RIVER STEEL CORP ON OR ABOUT MARCH 1999, BUT RETAINED CERTAIN LIABILITIES RELATING TO THE POST-CLOSURE PERMIT. RESPONDENT HAS BEEN COMPLYING WITH THE OBLIGATIONS OF THE PERMIT THRU ITS AFFILIATE, TDY INDUSTRIES, INC. PURSUANT TO 40 CFR 270.40(b) AND 401 KAR 38:040, WHEN A TRANSFER OF OWNERSHIP OCCURS, THE NEW OWNER OR OPERATOR MUCH SUBMIT A REVISED PERMIT APPLICATION TO REFLECT THE CHANGE OF OPERATIONAL CONTROL. RESPONDENT FAILED TO SUBMIT A REVISED PERMIT APPLICATION, TO THE COMMONWEALTH OF KY TO MEMORALIZE THE CHANGE IN OPERATIONAL CONTROL OF THE CLOSED RCRA UNIT FROM GREEN RIVER STEEL CORP TO AII ACQUISITION, LLC.

Defendants (1)

• AII ACQUISITION, LLCNamed in complaintNamed in settlement

Facilities (1)

• GREEN RIVER STEEL CORP

  4701 U.S. HWY. 60 E., OWENSBORO, KY, 42303

  Registry ID: 110000591342

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• AII ACQUISITION, LLC/OWENSBORO RIVERPORT PROPERTIES, INC.entered 2008-09-12

  Primary law: RCRA

  Federal penalty: $4,000

Timeline (4 milestones)

• 2008-09-12Complaint Filed/Proposed Order
• 2008-09-12Final Order Issued
• 2008-09-13Enforcement Action Data Entered
• 2008-11-11Enforcement Action Closed