EPA v. AMERICAN ZINC RECYCLING CORPORATION (AZR) (fka HORSEHEAD CORPORATION (AZR)

Case summary

Plaintiffs the United States of America, by authority of the Attorney General of the United States, at the request of the Administrator of the United States Environmental Protection Agency (?EPA?), and the Office of the Governor of the State of South Carolina, through the South Carolina Department of Health and Environmental Control (?SCDHEC?) (collectively referred to as ?Plaintiffs?) filed a complaint and Joint Stipulation of Settlement, alleging that defendant American Zinc Recycling Corp. (?AZR? or ?Defendant?), f/k/a Horsehead Corporation, is liable for civil penalties arising from the generation, storage, treatment, management, and disposal of hazardous wastes at a facility located at 941 Technology Drive, Barnwell, Barnwell County, South Carolina (?Barnwell Facility?) pursuant to Section 3008(a) of the Resource Conservation and Recovery Act (?RCRA?), as amended by the Hazardous and Solid Waste Amendments of 1984 (?HSWA?), 42 U.S.C. ? 6928(a), and pursuant to the South Carolina Hazardous Waste Management Act (?SCHWMA?), for violations of S.C. Code Ann. 44-56-10 et seq. [Subtitle C of RCRA, 42 U.S.C. ??6921 to 6939f], and the implementing regulations set forth in the South Carolina Hazardous Waste Management Regulations, S.C. Code Ann. Regs. ?? 61-79.260 through 61-79.270 [40 C.F.R. Parts 260-270)]. At its Barnwell Facility, Defendant processes electric arc furnace dust (?EAF Dust?), an EPA-listed hazardous waste identified with waste code K061 that is generated by steel mills, in order to recover iron, zinc, chromium, lead, and cadmium from the material by using the rotary Waelz Kiln process. The primary outputs of the reclamation performed at the Barnwell Facility are Crude Zinc Oxide (?CZO,? also known as Waelz Oxide) and Iron Rich Material (?IRM?). The Complaint notes the specific violations alleged by the Plaintiffs. The Joint Stipulation notes the actions taken by Defendant to decrease the likelihood of other such alleged violations, and requires Defendant to pay a civil penalty of $111,799, calculated pursuant to the Order confirming the Second Amended Joint Plan of Reorganization entered in Defendant?s previously concluded Bankruptcy Proceeding (Case No. 16-10287), requiring civil penalties to be paid in the same proportion as Allowed General Unsecured Claims, to be paid within 30 days of entry of the Joint Stipulation.

Defendants (1)

• AMERICAN ZINC RECYCLING CORP.Named in complaintNamed in settlement

Facilities (6)

• HORSEHEAD METAL PRODUCTS, INC.

  484 HICKS GROVE ROAD, MOORESBORO, NC, 28114

  Registry ID: 110055619399

• HORSEHEAD CORP

  550 CLYMERSVILLE RD, ROCKWOOD, TN, 37854

  Registry ID: 110000590101

• HORSEHEAD CORP

  941 TECHNOLOGY DR, SNELLING, SC, 29812-8650

  Registry ID: 110040451533

• AMERICAN ZINC RECYCLING CORP

  941 TECHNOLOGY DR, BARNWELL, SC, 29812

  Registry ID: 110040451533

• AMERICAN ZINC RECYCLING, INC.

  199 TRUCK ROUTE, P.O. BOX 5, ROCKWOOD, TN, 37854

  Registry ID: 110000590101

• BEFESA ZINC METAL, LLC

  484 HICKS GROVE ROAD, MOORESBORO, NC, 28114

  Registry ID: 110055619399

Statutes cited

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

Enforcement conclusions (3)

• AMERICAN ZINC RECYCLING CORPORATION (AZR) (fka HORSEHEAD CORPORATION (AZR) (STIPULATION OF SETTLEMEentered 2020-11-18

  Primary law: RCRA

  Federal penalty: $24,255 · State/local: $24,255

• AMERICAN ZINC RECYCLING CORPORATION (AZR) (fka HORSEHEAD CORPORATION (AZR)entered 2020-09-21

  Primary law: RCRA

  Federal penalty: $111,799

• AMERICAN ZINC RECYCLING CORPORATION (AZR) (fka HORSEHEAD CORPORATION (AZR)entered 2021-01-04

  Primary law: RCRA

Timeline (7 milestones)

• 2013-09-27Referred To Dept Of Justice
• 2013-09-30Enforcement Action Data Entered
• 2016-06-22Supplemental Referral-Other
• 2020-08-28Complaint Filed With Court
• 2021-01-04Final Order Entered
• 2021-01-04Final Order Lodged
• 2021-01-04Enforcement Action Closed