EPA v. METAL CONVERSION TECHNOLOGIES

Case summary

DOJ FILED A MOTION TO ENTER THE METAL CONVERSION TECHNOLOGIES, LLC (MCT) CD ON AUG 3, 2016, AND THE JUDGE ENTERED THE CD ON THE SAME DATE. THUS, THE EFFECTIVE DATE OF THE CD IS AUG 3, 2016. PENALTY PAYMENT AND INJUNCTIVE RELIEF OBLIGATIONS TRIGGERED FROM AUG 3, 2016. PURSUANT TO THE TERMS OF THE CD, SETTLING DEFENDANTS WILL PAY A $25,000 CIVIL PENALTY (50% TO THE U.S. AND 50% TO THE STATE OF GEORGIA), BASED ON SETTLING DEFENDANTS' COLLECTIVE ABILITY TO PAY. ON AUG 8, 2016, MCT PAID THE PENALTIES TO BOTH THE STATE OF GA AND TO THE U.S. ON AUG 8, 2016, MCT SUBMITTED DESIGNATION OF CONTRACTORS AND PROJECT COORDINATORS AS PER CD DELIVERABLES. SETTLING DEFENDANTS WILL PERFORM ALL ACTIONS NECESSARY TO IMPLEMENT THE STATEMENT OF WORK (SOW) SET FORTH IN APPENDIX B OF THE CD. THE ACTIONS TO BE IMPLEMENTED AS SET FORTH IN THE SOW INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: (1) DEVELOPMENT AND IMPLEMENTATION OF A SOIL SAMPLING AND ANALYSIS PLAN FOR ON-AND OFF-SITE SOILS; (2) DEVELOPMENT AND IMPLEMENTATION OF A GROUNDWATER SAMPLING AND ANALYSIS PLAN, AS NECESSARY; (3) SOIL REMOVAL AS NECESSARY TO ACHIEVE CLEANUP LEVELS, INCLUDING ANY NECESSARY AIR MONITORING; (4) IMPLEMENTATION OF PROPRIETARY CONTROLS, INCLUDING AN ENVIRONMENTAL COVENANT, AS NECESSARY AND (5) GW REMEDIATION SD NECESSARY. SETTLING DEFENDANTS WILL CONDUCT THE REQUIRED REMEDIAL WORK IN PHASES OVER A PERIOD OF 4 YRS. PHASE 1 - WORK PLAN (WP) DUE SEPT 6, 2016. INCLUDES HORIZONTAL AND VERTICAL CONTAMINANT DELINEATION OF ON AND OFF-SITE SOILS. WP WAS SUBMITTED TO EPA/EPD ON SEPT 2, 2016. PHASE 2 - WITHIN 1 YR OF THE EFFECTIVE DATE OF CD - AUG 3, 2017. SHALL INCLUDE SOIL REMOVAL ON AND OFF-SITE AS NECESSARY TO ACHIEVE CLEANUP LEVELS. 2A - OFFSITE. 2B - ONSITE. PHASE 3 - WITHIN 2 YEARS OF THE EFFECTIVE DATE - AUG 3, 2018. SHALL INCLUDE GW SAMPLING AND ANALYSIS IF NECESSARY DEPENDING ON THE RESULTS OF THE VERTICAL CONTAMINANT DELINEATION CONDUCTED DURING PHASE 1. PHASE 4 - WITHIN 3 YRS - AUG 3, 2019. SHALL INCLUDE FURTHER GW MONITORING AND/OR REMEDIATION, AS NECESSARY, DEPENDING ON THE RESULTS OF THE GW SAMPLING AND ANALYSIS CONDUCTED DURING PHASE 3. PROGRESS REPORTS: SHALL BE SUBMITTED TO EPA AND GAEPD ON A BI-WEEKLY BASIS, OR AS OTHERWISE AGREED TO. FINAL PHASE REPORTS: WITHIN 30 CALENDAR DAYS AFTER COMPLETION OF EACH PHASE, SETTLING DEFENDANTS SHALL SUBMIT FOR EPA AND GAEPD REVIEW AND APPROVAL A FINAL REPORT FOR SUCH PHASE SUMMARIZING THE WORK PERFORMED UNDER THAT WP. EACH FINAL PHASE REPORT SHALL INCLUDE: PRESENTATION OF ALL ANALYTICAL RESULTS OF ALL SAMPLING AND ANALYSES PERFORMED, INCLUDING QA/QC DOCUMENTATION; A LISTING OF QUANTITIES AND TYPES OF ANY MATERIALS REMOVED OFF-SITE AND THE ULTIMATE DESTINATION(S) OF THOSE MATERIALS; DESCRIPTION OF ANY PROPRIETARY CONTROLS PLACED ON THE FACILITY PROPERTY OR OFF-SITE; AN APPENDIX CONTAINING ALL OTHER RELEVANT DOCUMENTATION GENERATED DURING THE PERFORMANCE OF THAT PHASE OF THE WORK (I.E., MANIFESTS, BILL OF LADING, INVOICES, CONTRACTS, AND PERMITS) NOT PREVIOUSLY PROVIDED TO EPA OR GAEPA.

Defendants (3)

• METAL CONVERSION TECHNOLOGIESNamed in complaintNamed in settlement
• 1 EAST PORTER STREET, LLCNamed in complaintNamed in settlement
• PATTERSON, JOHNNamed in complaintNamed in settlement

Facilities (1)

• METAL CONVERSION TECHNOLOGIES LLC

  1 EAST PORTER ST, CARTERSVILLE, GA, 30120-2761

  Registry ID: 110032747543

Statutes cited

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

Enforcement conclusions (2)

• METAL CONVERSION TECHNOLOGIESentered 2019-09-05

  Primary law: RCRA

• METAL CONVERSION TECHNOLOGIES (04-2006-C014)entered 2016-08-03

  Primary law: RCRA

  Federal penalty: $12,500 · State/local: $12,500

Timeline (6 milestones)

• 2010-09-21Referred To Dept Of Justice
• 2010-09-22Enforcement Action Data Entered
• 2016-06-20Complaint Filed With Court
• 2019-09-05Final Order Lodged
• 2019-09-05Final Order Entered
• 2022-09-29Enforcement Action Closed