EPA v. FORD MOTOR CO - ROMEO TRACTOR PLANT

Case summary

SINCE THE RESPONDENT DID NOT INCLUDE THE F006 LISTED WASTE IN THE ORIGINAL PART A APPLICATION OR SUBMIT A REVISED PART A APPLICATION TO INCLUDE SAID WASTE PRIOR TO THE JULY 20, 1983, INSPECTTION, RESPONDENT VIOLATED 40 CFR 270.13(J) AND 270.71(A)(1). ON FEBRUARY 1, 1984, RESPONDENT SUBMITTED A REVISED PART A APPLICATION TO INCLUDE THE LISTED HAZARDOUS WASTE F006. REGULATION 40 CFR 265.90(A) REQUIRES AN OWNER/OPERATOR TO IMPLEMENT A GROUNDWATER MONITORING PROGRAM CAPABLE OF DETER- MINING THE IMPACT OF THE FACILITY'S SURFACE IMPOUNDMENTS ON THE QUALITY OF GROUNDWATER IN THE UPPERMOST AQUIFER UNDER- LYING THE FACILITY BY NOVEMBER 19, 1981. AT THE TIME OF THE NOVEMBER 2, 1983, INSPECTION CONDUCTED BY MDNR, THE OWNER/OPERATOR HAD NOT IMPLEMENTED A GROUND- WATER MONITORING PROGRAM AND COULD NOT PROVIDE A WRITTEN GROUNDWATER MONITORING WAIVER DEMONSTRATION FOR THE FACILI- TY. THEREFORE, THE RESPONDENT VIOLATED 40 CFR 265.90(A). REGULATIONS 40 CFR 265.91, 265.92, 265.93 AND 265.94 ADDRESS SEVERAL COMPONENTS OF THE GROUNDWATER MONITORING PROGRAM. IN FAILING TO INITIATE A TIMELY GROUNDWATER MONITORING PROGRAM AS REQUIRED IN 40 CFR 265.90(A), RES- PONDENT HAS ALSO VIOLATED THOSE REGULATIONS RELEVANT TO THE GROUNDWATER MONITORING PROGRAM: 40 CFR 265.91(A) - GROUND- WATER MONITORING SYSTEM; 265.91(B) - WELL CONSTRUCTION; 265.92 - SAMPLING AND ANALYSIS; 266.93(A) - GROUNDWATER QUALITY ASSESSMENT OUTLINE; 265.93(B) - STATISTICAL ANALYSIS; AND 265.94(A) RECORDKEEPING AND REPORTING. IN RESPONSE TO A WARNING LETTER FROM THE MDNR DATED NOVEM- BER 8, 1983, RESPONDENT REPRESENTED THAT IT INSTALLED FOUR GROUNDWATER MONITORING WELLS IN MARCH 1984, IN ACCORDANCE WITH THE REQUIREMENTS OF 40 CFR 265.91. REGULATION 40 CFR 265.112 REQUIRES THE OWNER/OPERATOR OF A SURFACE IMPOUNDMENT TO HAVE A WRITTEN CLOSURE PLAN. HE MUST KEEP A COPY OF THE CLOSURE PLAN AND ALL REVISIONS TO THE PLAN AT THE FACILITY UNTIL CLOSURE IS COMPLETED AND CERTI- FIED IN ACCORDANCE WITH 40 CFR 265.115. AT THE TIME OF THE NOVEMBER 2, 1983, INSPECTION CONDUCTED BY THE MDNR, THE RESPONDENT WAS UNABLE TO PROVIDE A CLOSURE PLAN FOR THE SURFACE IMPOUNDMENTS. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.112. REGULATION 40 CFR 262.12(C) STATES THAT A GENERATOR MUST NOT OFFER HIS HAZARDOUS WASTE TO TRANSPORTERS OR TO TREAT- MENT, STORAGE OR DISPOSAL FACILITIES THAT HAVE NOT RECEIVED AN EPA IDENTIFICATION NUMBER. RESPONDENT STATED IN A LETTER DATED AUGUST 19, 1983, TO THE MDNR THAT A MAXIMUM OF 300 CUBIC YARDS OF WASTEWATER TREATMENT PLANT SLUDGE (HAZARDOUS WASTE NUMBER F006) WAS DISPOSED OF AT THE SOUTH MCCOMB DISPOSAL AUTHORITY LANDFILL IN 15 SHIPMENTS BETWEEN OCTOBER, 1982 AND JULY, 1983. AC- CORDING TO U.S. EPA RECORDS, THE SOUTH MCCOMB DISPOSAL AUTHORITY LANDFILL HAS NOT RECEIVED A U.S. EPA IDENTIFICA- TION NUMBER. THEREFORE, RESPONDENT VIOLATED 40 CFR 262.12 (C). REGULATION 40 CFR 262.20 REQUIRES A GENERATOR WHO TRANS- PORTS OR OFFERS FOR TRANSPORTATION, HAZARDOUS WASTES FOR OFF-SITE DISPOSAL TO DISPOSE FOR THESE WASTES AT A DESIG- NATED FACILITY. A DESIGNATED FACILITY IS DEFINED IN 40 CFR 260.10 AS A HAZARDOUS WASTE TREATMENT, STORAGE OR DISPOSAL FACILITY WHICH HAS RECEIVED A U.S. EPA PERMIT (OR A FACILITY WITH INTERIM STATUS) IN ACCORDANCE WITH THE RE- QUIREMENTS OF 40 CFR PARTS 270 AND 124, OR A PERMIT FROM A STATE AUTHORIZED IN ACCORDANCE WITH 40 CFR PART 271. ACCORDING TO U.S. EPA RECORDS, THE SOUTH MACOMB DISPOSAL AUTHORITY LANDFILL DOES NOT HAVE A PERMIT WHICH MEETS ANY OF THE ABOVE CRITERIA FOR A DESIGNATED FACILITY. THEREFORE, RESPONDENT VIOLATED 40 CFR 260.20.

Defendants (1)

• FORD MOTOR CONamed in complaintNamed in settlement

Facilities (1)

• FORD MOTOR COMPANY ROMEO ENGINE PLANT

  701 E. 32 MILE RD., ROMEO, MI, 48065

  Registry ID: 110000592911

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• FORD MOTOR CO - ROMEO TRACTOR PLANT

  Primary law: RCRA

  Federal penalty: $38,000

Timeline (4 milestones)

• 1984-07-30Enforcement Action Data Entered
• 1984-07-30Complaint Filed/Proposed Order
• 1984-12-04Compliance Achieved
• 1984-12-04Enforcement Action Closed