EPA v. BOUZIANE PLATING AND METAL FINISHING

Case summary

RESPONDENT FILED A SECTION 3010 NOTIFICATION OF HAZARDOUS WASTE ACTIVITY DATED APRIL 8, 1982, AS A GENERATOR OF HAZAR- DOUS WASTE. THE NOTIFICATION CONTAINED INCOMPLETE INFORMATION. THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, AT INSPECTIONS ON AUGUST 22, 1983, MAY 9, 1984, AND JULY 7, 1984, FOUND THAT THE FACILITY WAS OPERATING BOTH AS A GENERATOR AND AS A TREATMENT/STORAGE/DISPOSAL FACILITY. RESPONDENT WAS FOUND TO BE STORING HAZARDOUS WASTE FOR A PERIOD IN EXCESS OF 90 DAYS IN VIOLATION OF 35 ILL. ADM. CODE. SECTION 722.134 AND IN QUANTITIES GREATER THAN 1000 KG. IN VIOLATION OF 35 ILL. ADM. CODE SECTION 721.105. THE WASTES WERE FOUND TO BE HAZARDOUS DUE TO THE EP TOXICITY CHARACTERISTICS FOR CADMIUM AND CHROMIUM PURSUANT TO 35 ILL. ADM. CODE SECTION 721.124. ALSO, THE WASTES WERE FOUND TO BE HAZARDOUS DUE TO THE CHARACTERISTIC OF CORROSIVITY PUR- SUANT TO 35 ILL. ADM. CODE SECTION 721.122. RESPONDENT DID NOT FILE PART A OF ITS PERMIT APPLICATION ON OR BEFORE NOVEMBER 19, 1980. SINCE NOVEMBER 19, 1980, RESPONDENT HAS STORED AND DIS- POSED OF WASTES WHICH HAVE BEEN IDENTIFIED OR LISTED AS HAZARDOUS WASTE UNDER SECTION 3001 OF THE ACT (42 U.S.C. SECTION 6921) AND 35 ILL. ADM. CODE PART 721, WITHOUT A PERMIT AND WITHOUT HAVING ACHIEVED INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF THE ACT. INTERIM STATUS WAS NOT ACHIEVED BECAUSE: (1) RESPONDENT FAILED TO SUBMIT PART A OF THE APPLICATION FOR A PERMIT BY NOVEMBER 19, 1980, AS REQUIRED BY SECTION 3005 OF THE ACT, AND (2) RESPONDENT, BY NOTIFYING ONLY AS A GENERATOR, FAILED TO NOTIFY THAT HE WAS OPERATING AS A TREATMENT, STORAGE, AND DISPOSAL FACILI- TY AS REQUIRED BY SECTION 3010 OF THE ACT. ON AUGUST 22, 1983, IEPA CONDUCTED A COMPLIANCE INSPEC- TION OF THE RESPONDENT'S FACILITY AND RESPONDENT WAS FOUND TO BE STORING HAZARDOUS WASTES, IN PLATING TANKS WHICH CEASED OPERATION IN OCTOBER OF 1982, IN VIOLATION OF 35 ILL. ADM. CODE SECTION 721.104(C). IN ADDITION, RESPONDENT WAS FOUND TO BE STORING APPROXIMATELY 38 DRUMS CONTAINING UN- KNOWN MATERIAL, SINCE MARCH OF 1982. THE FOLLOWING VIOLA- TIONS WERE ALSO OBSERVED DURING THE COMPLIANCE INSPECTION. A. FAILURE TO COMPLY WITH THE NOTIFICATION REQUIREMENT OF SECTION 3010 OF RCRA (SEE 35 ILL. ADM. CODE SECTION 700.105(A)(1)). B. FAILURE TO SUBMIT A PART A PERMIT APPLICATION AS RE- QUIRED BY SECTION 3005 OF RCRA AND 40 CFR 270.10(E) (SEE 35 ILL. ADM. CODE SECTION 700.105(A)(2)). C. FAILURE TO COMPLY WITH THE STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTES AT 35 ILL. ADM. CODE PART 722. D. FAILURE TO COMPLY WITH THE STANDARDS APPLICABLE TO HAZARDOUS WASTE TREATMENT/STORAGE/DISPOSAL FACILITIES AT 35 ILL. ADM. CODE PART 725. IEPA NOTIFIED RESPONDENT OF THESE VIOLATIONS IN A COMPLI- ANCE INQUIRY LETTER DATED SEPTEMBER 22, 1983. IEPA DID NOT RECEIVE A REPLY TO THE SEPTEMBER 22, 1983, LETTER. ON MAY 9, 1984, IEPA CONDUCTED A COMPLIANCE INSPECTION OF RESPONDENT'S FACILITY AND OBSERVED THE FOLLOWING VIOLATIONS: A. FAILURE TO CONDUCT A DETAILED CHEMICAL AND PHYSICAL ANALYSIS OF A REPRESENTATIVE SAMPLE OF THE WASTES, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.113(A)(1). B. FAILURE TO DEVELOP AND KEEPT AT THE FACILITY A DE- TAILED WASTE ANALYSIS PLAN, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.113(B). C. FAILURE TO PROVIDE SECURITY FOR WASTES STORED OUTSIDE THE BUILDING, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.114(B) AND (C). D. FAILURE TO COMPLY WITH THE GE

Defendants (6)

• BOUZIANE PLATING & METAL FINISHINGNamed in complaintNamed in settlement
• BOUZIANE, JOSEPHNamed in complaintNamed in settlement
• BOUZIANE, RICHARDNamed in complaintNamed in settlement
• BOUZIANE, WILLIAMNamed in complaintNamed in settlement
• RIVERSIDE PLATING CO, INCNamed in complaintNamed in settlement
• YOUZIANE, JOHNNamed in complaintNamed in settlement

Facilities (1)

• BOUZIANE PLATING & METAL FINISHING

  2230 23RD AVE, ROCKFORD, IL, 61108

  Registry ID: 110000612686

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• BOUZIANE PLATING AND METAL FINISHING

  Primary law: RCRA

  Federal penalty: $8,000

Timeline (4 milestones)

• 1984-12-31Enforcement Action Data Entered
• 1984-12-31Complaint Filed/Proposed Order
• 1986-02-14Compliance Achieved
• 1986-02-14Enforcement Action Closed