EPA v. COMMONWEALTH ALUMINUM LEWISPORT, LLC

Case summary

6/1/11 - CONSENT AGMT AND FINAL ORDER ISSUED. RESPONDENT IS ASSESSED A CIVIL PENALTY OF AL ALLOWED CONVENIENCE CLAIM (AS DEFINED IN THE PLAN) IN U.S. DEBTORS CLASS 4 (CONVENIENCE CLAIMS) (AS DEFINED IN THE PLAN) IN THE AMOUNT OF $3,844, WHICH, PURSUANT TO THE PLAN, SHALL ENTITLE EPA TO A DISTRIBUTION OF $1,922. COUNSEL FOR THE RESPONDENT'S BANKRUPTCY ESTATE HAS ADVISED COMPLAINANT THAT THE PENALTY WILL BE PAID FROM THE BANKRUPTCY ESTATE AFTER THE APPROVED CAFO IS FILED WITH THE BANKRUPTCY COURT. RESPONDENT SHALL SUBMIT PAYMENT OF THE ASSESSED PENALTY WITHIN 30 DAYS AFTER THE APPROVED CAFO IS FILED WITH THE BANKRUPTCY COURT. ALLEGATIONS: ON OR ABOUT MARCH 6, 2009 AND MARCH 10, 2009, AN INSPECTION WAS CONDUCTED BY THE KY DEPT OF ENVIRONMENTAL PROTECTION (KYDEP) AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, KYDEP LEARNED THAT ON SEPT 20, 2007, RESPONDENT SHIPPED 4 DRUMS OF SPENT FILTER MEDIA FROM THE REVERSING MILL BASEMENT FOR OFF-SITE DISPOSAL, AND THAT THE SHIPMENT WAS MANIFESTED UNDER A NON-HAZARDOUS WASTE MANIFEST AND WAS TRANSPORTED BY MAUMEE EXPRESS, INC., TO TRIAD TRANSFER YARD/NON FUELS (RINECO) IN BENTON, ARKANSAS. THE SPENT FILTER MEDIA WAS FOUND TO CONTAIN 290 PPM PCBs. ON OCT 8, 2007, RINECO DISCOVERED THE MANIFEST MISTAKE AND CORRECTED THE MISTAKE BY REPLACING THE NON-HAZARDOUS WASTE MANIFEST WITH A HAZARDOUS WASTE MANIFEST. PURSUANT TO 40 CFR 761.207(a), A GENERATOR WHO RELINQUISHES CONTROL OVER PCB WASTES BY TRANSPORTING, OR OFFERING FOR TRANSPORT BY HIS OWN VEHICLE OR BY A VEHICLE OWNED BY ANOTHER PERSON, PCB WASTE FOR COMMERCIAL OFF-SITE STORAGE OR OFF-SITE DISPOSAL SHALL PREPARE A MANIFEST ON EPA FORM 8700-22 AND, IF NECESSARY, A CONTINUATION SHEET. RESPONDENT FAILED TO CORRECTED MANIFEST OFF-SITE THE 4 DRUMS OF PCB-CONTAMINATED SPENT FILTER MEDIA FROM THE REVERSING MILL BASEMENT ON SPET 20, 2007. ON FEB 12, 2009, ALCRIS INTERNATIONAL, INC., AND CERTAIN OF ITS AFFILIATED DEBTORS AND DEBTORS IN POSSESSION, INCLUDING RESPONDENT COMMENCED VOLUNTARY CASES UNDER CHAPTER 11 OF TITLE 11 OF THE U.S.C. WITH THE U.S. BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. ON FEB 5, 2010, ALERIS DEUTSCHLAND HOLDINGS GmbH (TOGETHER WITH THE U.S. DEBTORS, THE DEBTORS) COMMENCED WITH THE BNK COURT A VOLUNTARY CASE UNDER CHAPTER 11 OF THE BNK CODE. IN ACCORDANCE WITH ORDERS OF THE BNK COURT, THE DEBTORS' CASES ARE BEING JOINTLY ADMINISTERED PURSUANT TO RULE 1015(b) OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE UNDER CASE NO. 09-10478 (BLS) (BANKR. D. DEL.). ON MAY 13, 2010, THE BNK COURT ENTERED AN ORDER CONFIRMING THE DEBTORS' FIRST AMENDED PLAN. ON JUNE 1, 2010, THE EFFECTIVE DATE OCCURRED.

Defendants (1)

• COMMONWEALTH ALUMINUM LEWISPORT, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• COMMONWEALTH ALUMINUM LEWISPORT, L.L.C.

  1372 STATE ROAD 1957, LEWISPORT, KY, 42351-0480

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• COMMONWEALTH ALUMINUM LEWISPORT, LLCentered 2011-06-01

  Primary law: TSCA

  Federal penalty: $1,922

Timeline (4 milestones)

• 2011-06-01Complaint Filed/Proposed Order
• 2011-06-01Final Order Issued
• 2011-06-09Enforcement Action Data Entered
• 2011-07-25Enforcement Action Closed