EPA v. LACKS INDUSTRIES

Case summary

SECTION 3005 OF RCRA, 42 U.S.C. SECTION 6925, REQUIRES U.S. EPA TO PUBLISH REGULATION REQUIRING EACH PERSON OWNING OR OPERATING A HAZARDOUS WASTE TREATMENT, STORAGE, OR DIS- POSAL FACILITY TO OBTAIN A RCRA PERMIT. SECTION 3005(E) OF RCRA, 42 U.S.C. 6925(E), PROVIDES THAT AN OWNER OR OPERATOR OF A FACILITY SHALL BE TREATED AS HAVING BEEN ISSUED A PERMIT PENDING FINAL ADMINISTRATIVE DISPOSITION ON THE PERMIT APPLICATION PROVIDED THAT: (1) THE FACILITY WAS IN EXISTENCE ON NOVEMBER 19, 1980, (2) THE REQUIREMENTS OF SECTION 3010(A) OF RCRA CONCERNING NOTIFICATION OF HAZARDOUS WASTE ACTIVITY HAVE BEEN COMPLIED WITH, AND (3) APPLICATION FOR A PERMIT HAS BEEN MADE. THIS STATUTORY AUTHORITY TO OPERATE IS KNOWN AS INTERIM STATUS. U.S. EPA PROCEDURES IMPLEMENTING THESE PROVISIONS ARE FOUND AT 40 CFR PART 270. REGULATION 40 CFR 270.10(E) REQUIRES OWNERS AND OPERATORS OF EXISTING HAZARDOUS WASTE MANAGEMENT FACILITIES TO SUBMIT PART A OF THEIR PERMIT APPLICATION TO THE REGIONAL ADMINIS- TRATOR NO LATER THAN 6 MONTHS AFTER THE DATE OF THE PUBLICA- TION OF REGULATIONS WHICH FIRST REQUIRE THEM TO COMPLY WITH THE STANDARDS SET FORTH IN 40 CFR PARTS 265 OR 266, OR THIRTY DAYS AFTER THE DATE THEY FIRST BECOME SUBJECT TO THE STANDARDS SET FORTH IN 40 CFR PARTS 265 OR 266, WHICH- EVER OCCURS FIRST. RCRA COMPLIANCE INSPECTIONS OF THE FACILITY WERE CONDUCTED BY THE MDNR AS AN AUTHORIZED REPRESENTATIVE OF U.S. EPA ON SEPTEMBER 28, 1983, AND MAY 30, 1984. AT THE TIME OF SAID INSPECTIONS, THE MDNR OBSERVED THAT THE RESPONDENT WAS TREATING AND STORING HAZARDOUS WASTE IN CONTAINERS, TANKS, AND SURFACE IMPOUNDMENTS. THESE HAZAR- DOUS WASTES ARE IGNITABLE, REACTIVE, AND TOXIC WASTES FROM ELECTROPLATING AND INJECTION MOLDING OPERATIONS, HAZARDOUS WASTE NUMBERS D001, D003, F003, F006 AND U223, AND HAVE BEEN IDENTIFIED AND LISTED UNDER 3001 OF THE ACT AND REGULATIONS 40 CFR 261.21, 261.23, 261.31 AND 261.33(F). AT THE TIME OF SAID INSPECTIONS, RESPONDENT HAD NOT ACHIEVED INTERIM STATUS OR RECEIVED A RCRA PERMIT FOR THE TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE AS RE- QUIRED BY SECTION 3005 OF RCRA AND 40 CFR 270.10. INTERIM STATUS WAS NOT ACHIEVED BECAUSE RESPONDENT FAILED TO FILE A PART A PERMIT APPLICATION BY NOVEMBER 19, 1980. THEREFORE RESPONDENT HAS TREATED AND STORED HAZARDOUS WASTE IN VIOLA- TION OF SECTION 3005(A) OF RCRA AND 40 CFR 270.10(A) AND (E). ON JUNE 14, 1984, AUGUST 9, 1984, AND SEPTEMBER 21, 1984, RESPONDENT WROTE TO U.S. EPA SUBMITTING AND AMENDING A PART A APPLICATION. RESPONDENT'S PART A APPLICATION FOR A RCRA PERMIT SUBMITTED TO U.S. EPA ON SEPTEMBER 21, 1984, SHALL BE ACCEPTED AS IF TIMELY FILED. NOTWITHSTANDING THE VIOLATION OF THE REQUIREMENTS OF SECTION 3005(A) OF THE ACT BY RESPONDENT, THE CONTINUED OPERATION OF THE FACILITY MAY BE IN THE PUBLIC INTEREST: A. FOR A LIMITED PERIOD OF TIME UNTIL A FINAL DECISION ON ITS PERMIT APPLICATION HAS BEEN MADE BY U.S. EPA. B. IF RESPONDENT COMPLIES WITH THE STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES, 40 CFR PART 265; AND C. IF RESPONDENT COMPLIES WITH THE CONDITIONS SET FORTH IN THIS COMPLAINT. REGULATION 40 CFR 265.1(B) PROVIDES THAT THE INTERIM STATUS STANDARDS OF 40 CFR PART 265 APPLY TO OWNERS AND OPERATORS OF HAZARDOUS TREATMENT, STORAGE, AND DISPOSAL FACILITIES IN EXISTENCE ON NOVEMBER 19, 1980, WHO HAVE FAILED TO PROVIDE TIMELY NOTIFICATION AS REQUIRED BY SECTION 3010(A) OF RCRA, AND/OR FAILED TO FILE PART A OF THE PERMIT APPLICATION AS REQUIRED BY 40 CFR 2

Defendants (1)

• LACKS INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• LACKS INDUSTRIES INCORPORATED

  1601 GALBRAITH STREET SOUTHEAST, GRAND RAPIDS, MI, 49546

  Registry ID: 110000700769

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• LACKS INDUSTRIES

  Primary law: RCRA

  Federal penalty: $14,000

Timeline (4 milestones)

• 1984-12-14Enforcement Action Data Entered
• 1984-12-14Complaint Filed/Proposed Order
• 1985-12-13Compliance Achieved
• 1985-12-13Enforcement Action Closed