EPA v. CHEMICAL RECOVERY SYSTEMS

Case summary

A RCRA COMPLIANCE INSPECTION OF THE FACILITY WAS CONDUCTED BY THE MDNR AS AN AUTHORIZED REPRESENTATIVE OF U.S. EPA ON APRIL 17, 1984. THE FOLLOWING VIOLATIONS WERE OBSERVED DURING THE MDNR APRIL 17, 1984, INSPECTION: (A) FAILURE, BY STORING CONTAINERS OF HAZARDOUS WASTE OUT- SIDE THE CONTAINER STORAGE PAD, TO MAINTAIN AND OPER- ATE THE FACILITY TO MINIMIZE THE POSSIBILITY OF A FIRE, EXPLOSION, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS WASTE CONSTI- TUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRONMENT AS REQUIRED BY 40 CFR 265.31. (B) FAILURE TO MAINTAIN AISLE SPACE TO ALLOW THE UNOB- STRUCTED MOVEMENT OF PERSONNEL, FIRE PROTECTION EQUIP- MENT, SPILL CONTROL EQUIPMENT, AND DECONTAMINATION EQUIPMENT TO ANY AREA OF FACILITY OPERATION IN AN EMERGENCY AS REQUIRED BY 40 CFR 265.35. (C) REGULATION 40 CFR 270.71(A)(3) REQUIRES THAT DURING INTERIM STATUS A FACILITY SHALL NOT EXCEED THE DESIGN CAPACITIES SPECIFIED IN PART A OF THE PERMIT APPLICA- TION. THE RESPONDENT FILED A REVISED PART A PERMIT APPLICATION WITH U.S. EPA ON APRIL 1, 1984, WHICH INDICATED THE DESIGN CAPACITY OF CONTAINER STORAGE TO BE 25,000 GALLONS (EQUIVALENT TO 455 55-GALLON DRUMS). AT THE TIME OF THE INSPECTION, MDNR NOTED 1,966 CON- TAINERS OF HAZARDOUS WASTE IN STORAGE AT THE FACILITY. THEREFORE, THE RESPONDENT VIOLATED 40 CFR 270.71(A) (3). (D) REGULATION 40 CFR 270.72(B) REQUIRES THAT DURING IN- TERIM STATUS AN OWNER/OPERATOR OF A FACILITY MAY IN- CREASE THE DESIGN CAPACITY OF PROCESSES USED AT A FACILITY PROVIDED THE OWNER/OPERATOR SUBMITS A REVISED PART A PERMIT APPLICATION PURSUANT TO 40 CFR 270.10(G)(1)(III) PRIOR TO SUCH A CHANGE AND THE REGIONAL ADMINISTRATOR APPROVES THE CHANGE BECAUSE OF A LACK OF AVAILABLE TREATMENT, STORAGE, OR DISPOSAL CAPACITY AT OTHER HAZARDOUS WASTE MANAGEMENT FACILI- TIES. THE RESPONDENT INCREASED THE DESIGN CAPACITY OF THE CONTAINER STORAGE DURING INTERIM STATUS WITHOUT SUBMITTING A REVISED PART A PERMIT APPLICATION AND WITHOUT THE PRIOR APPROVAL OF THE REGIONAL ADMINISTRA- TOR. THEREFORE, THE RESPONDENT VIOLATED 40 CFR 270.72(B) THE FACILITY WAS REINSPECTED BY MDNR ON MAY 7 AND 10, 1984 TO DETERMINE PROGRESS ON CORRECTING THE VIOLATIONS OBSERVED DURING THE APRIL 17, 1984, INSPECTION. DURING THE FOLLOW- UP INSPECTIONS, MDNR OBSERVED THAT THE VIOLATIONS NOTED ON APRIL 17, 1984, HAD BEEN CORRECTED.

Defendants (1)

• CHEMICAL RECOVERY SYSTEMSNamed in complaintNamed in settlement

Facilities (1)

• EQ RESOURCE RECOVERY INCORPORATED

  36345 VAN BORN ROAD, ROMULUS, MI, 48174

  Registry ID: 110000406132

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CHEMICAL RECOVERY SYSTEMS

  Primary law: RCRA

  Federal penalty: $3,000

Timeline (4 milestones)

• 1984-11-05Enforcement Action Data Entered
• 1984-11-05Complaint Filed/Proposed Order
• 1985-07-25Enforcement Action Closed
• 1985-07-25Compliance Achieved