EPA v. HAMILTON PLASTICS

Case summary

ON OCTOBER 7, 1982, OEPA CONDUCTED A RCRA COMPLIANCE IN- SPECTION AT RESPONDENT'S FACILITY AND DETERMINED THAT RESPONDENT HAD GENERATED HAZARDOUS WASTES INCLUDING SPENT NON-HALOGENATES SOLVENTS WHICH HAS BEEN LISTED UNDER SECTION 3001 OF THE ACT. DURING THIS INSPECTION, OEPA OBSERVED THE FOLLOWING VIOLATIONS: A. FAILURE TO DETEMINE IF WASTE GENERATED BY THE FACILITY WAS HAZARDOUS WASTE PURSUANT TO 40 CFR 262.11. B. FAILURE TO PACKAGE ITS HAZARDOUS WASTE FOR TRANSPORT IN ACCORDANCE WITH DOJ REGULATIONS PURSUANT TO 40 CFR 262.30 C. FAILURE TO LABEL ITS HAZARDOUS WASTE FOR TRANSPORT IN ACCORDANCE WITH DOT REGULATIONS PURSUANT TO 40 CFR 262.31 D. FAILURE TO MARK ITS HAZARDOUS WASTE FOR TRANSPORT IN ACCORDANCE WITH DOT REGULATIONS PURSUANT TO 40 CFR 262.32 E. FAILURE TO PLACARD ITS HAZARDOUS WASTE FOR TRANSPORT IN ACCORDANCE WITH DOT REGULATIONS PURSUANT TO 40 CFR 262.33 F. FAILURE TO COMPLY WITH THE GENERATOR STANDARDS SET OUT IN 40 CFR 262.34 AND ACCUMULATING HAZARDOUS WASTE ON SITE FOR 90 DAYS OR LESS, WITHOUT A PERMIT OR WITHOUT HAVING INTERIM STATUS. G. FAILURE TO PROVIDE TRAINING AND MAINTAIN JOB DESCRIP- TIONS, JOB TITLES, DESCRIPTION TRAINING, AND TRAINING RECORDS PURSUANT TO 40 CFR 265.16. H. FAILURE TO HAVE THE REQUIRED FIRE CONTROL EQUIPMENT AS REQUIRED BY 40 CFR 265.32. I. FAILURE TO PROVIDE ACCESS TO COMMUNICATIONS OR ALARM SYSTEMS PURSUANT TO 40 CFR 265.34. J. FAILURE TO MAINTAIN THE REQUIRED AISLE SPACE PURSUANT TO 40 CFR 265.35. K. FAILURE TO HAVE A CONTINGENCY PLAN AS REQUIRED BY 40 CFR 265.51 WHICH MEETS THE REQUIREMENTS OF 40 CFR 265.52 AND IS MAINTAINED AND DISTRIBUTED IN ACCORDANCE WITH 40 CFR 265.53. L. FAILURE TO PROPERLY IDENTIFY AN EMERGENCY COORDINATOR PURSUANT TO 40 CFR 265.55. M. FAILURE TO PROPERLY MANAGE CONTAINERS PURSUANT TO 40 CFR 265.173. N. FAILURE TO INSPECT AREAS WHERE CONTAINERS ARE STORED, AT LEAST WEEKLY, PURSUANT TO 265.174. O. FAILURE TO COMPLY WITH REQUIREMENTS FOR CONTAINERS REQUIRING IGNITABLE OR REACTIVE WASTE TO BE LOCATED AT LEAST 50 FEET FROM THE FACILITY'S PROPERTY LINE PURSUANT TO 40 CFR 265.176 ON DECEMBER 28, 1982, OEPA CONDUCTED A SECOND RCRA COM- PLIANCE INSPECTION AT RESPONDENT'S FACILITY AND OBSERVED THAT THE ABOVE VIOLATIONS HAD NOT BEEN CORRECTED, AND RESPONDENT WAS FOUND TO BE IN VIOLATION OF EACH REQUIREMENT. A COPY OF THE INSPECTION REPORT WAS PROVIDED TO RESPONDENT. ON MAY 31, 1984, OEPA CONDUCTED A THIRD RCRA COMPLIANCE INSPECTION AT RESPONDENT'S FACILITY AND OBSERVED THAT RES- PONDENT HAD FAILED TO CORRECT VIOLATIONS G, H, I, J, K, L, M. RESPONDENT WAS AGAIN FOUND IN VIOLATION OF EACH REQUIRE- MENT.

Defendants (1)

• HAMILTON PLASTICSNamed in complaintNamed in settlement

Facilities (1)

• BLACKHAWK AUTOMOTIVE PLASTICS INCORPORATED

  4219 U.S. ROUTE 42, MASON, OH, 450401930

  Registry ID: 110000392441

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• HAMILTON PLASTICS

  Primary law: RCRA

  Federal penalty: $13,000

Timeline (4 milestones)

• 1984-09-24Enforcement Action Data Entered
• 1984-09-24Complaint Filed/Proposed Order
• 1985-04-17Compliance Achieved
• 1985-04-17Enforcement Action Closed