EPA v. LINDBERG HEAT TREATING CO

Case summary

THE FOLLOWING VIOLATIONS WERE OBSERVEC DURING THE OEPA MARCH 15, 1983, INSPECTION: (A) FAILURE TO PROVIDE THE REQUIRED INFORMATION ON THE MANIFEST PURSUANT TO 40 CFR 262.21 (B) FAILURE TO PLACARD THE TRANSPORTER PURSUANT TO 40 CFR 262.33 (C) FAILURE TO DEVELP AND FOLLOW A WRITTEN WASTE ANALYSIS PLAN PURSUANT TO 40 CFR 265.13. (D) FAILURE TO POST DANGER - UNAUTHORIZED PERSONNEL KEEP OUT SIGNS AT EACH ENTRANCE TO THE ACTIVE PORTION OF THE FACILITY PURSUANT TO 40 CFR 265.14(C). (E) FAILURE TO DEVELOP AND FOLLOW A WRITTEN INSPECTION SCHEDULE PURSUANT TO 40 CFR 265.15. (F) FAILURE TO PROVIDE A DESCRIPTION OF THE FACILITY PER- SONNEL TRAINING PROGRAM PURSUANT TO 40 CFR 265.16. (G) FAILURE TO PROVIDE DOCUMENTATION OF THE TESTING AND MAINTENANCE OF TEH SAFETY, FIRE AND COMMUNICATION SYSTEM PURSUANT TO 40 CFR 265.33 (H) FAILURE TO DEVELOP AND IMPLEMENT A CONTINGENCY PLAN PURSUANT TO 40 CFR 265.51. (I) FAILURE TO MAINTAIN A COPY OF THE CONTINGENCY PLAN AT THE FACILITY PURSUANT TO 40 CFR 265.53. (J) FAILURE TO DESIGNATE AN EMERGENCY COORDINATOR PURSUANT TO 40 CFR 265.55. (K) FAILURE TO DEVELOP AN OPERATING RECORD FOR THE TREAT- MENT TANKS PURSUANT TO 40 CFR 265.73. (L) FAILURE TO PROVIDE A COPY OF THE CLOSURE PLAN PURSUANT TO 40 CFR 265.112 (M) FAILURE TO PROVIDE FINANCIAL ASSURANCE FOR CLOSURE PURSUANT TO 40 CFR 265.143. (N) FAILURE TO PROVIDE LIABILITY INSURANCE PURSUANT TO 40 CFR 265.147 (O) FAILURE TO CONDUCT AND DOCUMENT WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREA PURSUANT TO 40 CFR 265.174. (P) FAILURE TO CONDUCT AND DOCUMENT DAILY AND WEEKLY IN- SPECTIONS OF THE TREATMENT TANKS PURSUANT TO 40 CFR 265.194 (Q) FAILURE TO SUBMIT CORRECT PART A PERMIT APPLICATION INDICATING CHANGES DURING INTERIM STATUS PURSUANT TO 40 CFR 270.72. THE RESPONDENT WAS NOTIFIED OF THE VIOLATIONS AND WAS PROVIDED A COPY OF THE MARCH 15, 1983, INSPECTION BY AN OEPA LETTER DATED APRIL 19, 1983. ON SEPTEMBER 28, 1983, OEPA SENT A LETTER TO LINDBERG HEAT TREATING COMPANY INFORMING THE COMPANY OF THE OUTSTANDING VIOLATIONS AND REQUESTING IMMEDIATE CORRECTION. A SECOND INSPECTION OF THE FACILITY BY OEPA WAS CONDUCTED ON OCTOBER 26, 1983, TO DETERMINE PORGRESS ON CORRECTING THE VIOLATIONS OBSERVED DURING THE MARCH 15, 1983, INSPECTION. DURING THE INSPECTION, THE FOLLOWING VIOLATIONS WERE OB- SERVED: (A) FAILURE TO DEVELOP AND FOLLOW A WRITTEN WASTE ANALYSIS PLAN PURSUANT TO OAC 3745-65-13(B) (B) FAILURE TO ESTABLISH A PERSONNEL TRAINING PROGRAM PUR- SUANT TO OAC 3745-65-15(B) (C) FAILURE TO ESTABLISH A PERSONNEL TRAINING PROGRAM PURSUANT TO OAC 3745-65-16 (D) FAILURE TO TEST AND MAINTAIN FACILITY SAFETY, FIRE AND COMMUNICATIONS EQUIPMENT PURSUANT TO OAC 3745-65-33 (E) FAILURE TO DESCRIBE THE SPECIFIC ARRANGEMENTS BETWEEN THE FACILITY AND ANY LOCAL EMERGENCY AUTHORITIES AND FAILURE TO GIVE THE LOCATION AND DESCRIPTION OF ALL EMERGENCY EQUIP- MENT IN THE CONTINGENCY PLAN PURSUANT TO OAC 3745-65-52. (F) FAILURE TO SUBMIT A COPY OF THE CONTINGENCY PLAN TO LOCAL EMERGENCY AUTHORITIES PURSUANT TO OAC 3745-65-53. (G) FAILURE TO DEVELOP A WRITTEN OPERATING RECORD PURSUANT TO OAC 3745-65-73.

Defendants (1)

• LINDBERG HEAT TREATING CONamed in complaintNamed in settlement

Facilities (1)

• LINDBERG HEAT TREATING COMPANY

  6111 COCHRAN RD., SOLON, OH, 44139

  Registry ID: 110050297695

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• LINDBERG HEAT TREATING CO

  Primary law: RCRA

  Federal penalty: $13,000

Timeline (4 milestones)

• 1984-09-10Enforcement Action Data Entered
• 1984-09-10Complaint Filed/Proposed Order
• 1985-05-04Compliance Achieved
• 1985-05-04Enforcement Action Closed