EPA v. PAXTON LANDFILL CORPORATION

Case summary

BACKGROUND AND NATURE OF CASE THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 3008(A) (1) OF RCRA TO COMPEL PAXTON LANDFILL CORPORATION (PAXTON) AND STRYKER INTERNATIONAL, INC. (STRYKER) TO COMPLY WITH RCRA'S REQUIREMENTS FOR HAZARDOUS WASTE LANDFILLS AT 12201 SOUTH OGLESBY, CHICAGO, ILLINOIS (SITE). PAXTON IS THE SITE'S OPERATOR; STRYKER IS THE OWNER. THE ACTION ALSO SEEKS SUBSTANTIAL CIVIL PENALTIES FOR THE IMPROPER DISPOSAL OF LIQUID HAZARDOUS WASTE AT THE SITE IN SEPTEMBER 1982. STEVE MARTELL, PRESIDENT AND PRINCIPAL STOCKHOLDER OF PAXTON AND STRYKER HAS A WELL DOCUMENTED HISTORY OF NON- COMPLIANCE WITH LOCAL AND STATE ENVIRONMENTAL REGULATIONS IN NORTHWESTERN INDIANA AND SOUTH CHICAGO. THE ILLINOIS LEGISLATIVE INVESTIGATING COMMISSION CONSIDERS MR. MARTELL ONE OF THE AREAS MOST EGREGIOUS ENVIRONMENTAL OFFENDERS. THE SITE IS A 100 ACRE SOLID WASTE LANDFILL ON CHICAGO'S SOUTH SIDE. PRIOR TO NOVEMBER 19, 1980, THE SITE ACCEPTED INDUSTRIAL AND COMMERCIAL WASTE STREAMS, INCLUDING HAZARDOUS WASTE, FOR DISPOSAL BY LANDFILL. THE SITE MET THE REQUIREMENTS FOR INTERIM STATUS AS A HAZARDOUS WASTE TREAT- MENT, STORAGE AND DISPOSAL (BY DISTILLATION AND INCINERA- TION) FACILITY. THE SITE DOES NOT HAVE INTERIM STATUS AS A HAZARDOUS WASTE LANDFILL. ON MARCH 22, 1983, EPA CALLED IN PAXTON'S RCRA PART B PERMIT APPLICATION. IN AUGUST 1983 PAXTON INFORMED EPA THAT IT WISHED TO HAVE THE SITE'S INTERIM STATUS TERMINATED ON THE BASIS THAT: (1) A DISTILLATION COLUMN AND INCINERATOR WERE NEVER INSTALLED, AND (2) HAZARDOUS WASTE HAD NOT BEEN ACCEPTED AT THE SITE SUBSEQUENT TO NOVEMBER 19, 1980. EPA REQUESTED INFORMATION ABOUT THE SITE'S WASTE DISPOSAL PRAC- TICES AND DETERMINED THAT AT LEAST 14,500 GALLONS OF LIQUID HAZARDOUS WASTE WAS LANDFILLED IN SEPTEMBER 1982. EPA'S EVIDENCE CONSISTS OF MANIFESTS FROM TWO AREA GENERATORS WHICH CLEARLY IDENTIFY THE WASTE AS HAZARDOUS. EPA BELIEVES (AND EXPECTS TO EVENTUALLY PROVE) THAT THE SITE HAS IMPRO- PERLY ACCEPTED A MUCH GREATER VOLUME OF HAZARDOUS WASTE FOR DISPOSAL BY LANDFILL SINCE NOVEMBER 19, 1980. ON MAY 17, 1982, EPA AUTHORIZED ILLINOIS TO ADMINISTER PHASE I OF A HAZARDOUS WASTE PROGRAM. IN ADDITION TO ALLEGING VIOLATIONS OF SECTION 3005 FO RCRA, THE ACTION ALLEGES VIOLATIONS OF THE APPLICABLE ILLINOIS INTERIM STATUS STANDARDS FOR HAZARDOUS WASTE FACILITIES. CAUSE OF ACTION EPA'S AUTHORITY TO BRING THIS ACTION IS PROVIDED AT SECTIONS 1006, 2002(A), 3004, 3005, 3008(A)(1) AND 3008(A) (2) OF RCRA, 42 U.S.C. SECTIONS 6905, 6912(A), 6924, 6925, 6928(A)(2). PROPOSED REMEDY PAXTON'S COMPLIANCE WITH RCRA'S REQUIREMENTS FOR HAZARDOUS WASTE LANDFILLS AND PENALTIES FOR IMPROPER DIS- POSAL OF HAZARDOUS WASTE. RESOURCE REQUIREMENTS THE REGION EXPECTS THAT NEGOTIATIONS AND POSSIBLY A CIVIL TRIAL WILL BE NECESSARY TO OBTAIN COMPLIANCE AND PENALTIES. ISSUE OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE NONE. JUSTIFICATION STEVE MARTELL, DEFENDANTS' PRINCIPAL OFFICER AND SHAREHOLDER, HAS A HISTORY OF NON-COMPLIANCE WITH ENVIRON- MENTAL REQUIREMENTS. PROTRACTED NEGOTIATIONS WITH DEFEND- ANTS BY LOCAL AND STATE AUTHORITIES HAVE RESULTED IN LITTLE SIGNIFICANT COMPLIANCE. THE ILLINOIS LEGISLATIVE INVESTI- GATING COMMISSION REGARDS MARTELL AS A RARE TYPE OF ENTREPENUER WHO MAKES A FORTUNE BY COMBINING THE IMPROPER HANDLING OF HAZARDOUS WASTES WITH U

Defendants (3)

• AMERICAN NATIONAL BANK & TRUST CO.Named in complaintNamed in settlement
• PAXTON LANDFILL CORP.Named in complaintNamed in settlement
• STRYKER INTERNATIONAL, INC.Named in complaintNamed in settlement

Facilities (1)

• PAXTON LANDFILL CORPORATION

  12201 S OGLESBY, CHICAGO, IL, 60633

  Registry ID: 110018484086

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• PAXTON LANDFILL CORPORATIONentered 1988-04-20

  Primary law: RCRA

  Federal penalty: $10,000

Timeline (7 milestones)

• 1984-03-29Referred To Headquarters
• 1984-05-07Referred To Dept Of Justice
• 1984-09-09Complaint Filed With Court
• 1988-04-20Final Order Lodged
• 1988-04-20Final Order Entered
• 1988-04-20Concluded
• 1991-10-01Enforcement Action Closed