EPA v. LAMINA INC

Case summary

RCRA COMPLIANCE INSPECTIONS OF THE FACILITY WERE CONDUCTED BY MDNR AS AN AUTHORIZED REPRESENTATIVE OF THE U.S. EPA, ON SEPTEMBER 29, 1983, AND JULY 26, 1984. MDNR ISUED LETTERS OF WARNING ON NOVEMBER 7, 1983, AND AUGUST 30, 1984. AT THE TIME OF THE INSPECTIONS, THE RESPONDENT WAS STORING LISTED HAZARDOUS WASTE IN A SURFACE IMPOUNDMENT. THE LISTED WASTE IS F006. AT THE TIME OF THE SEPTEMBER 29, 1983, INSPECTION, THE FOLLOWING VIOLATIONS WERE OBSERVED. A. PURSUANT TO 40 CFR 265.13, THE OWNER OR OPERATOR MUST DEVELOP AND FOLLOW A WRITTEN WASTE ANALYSIS PLAN WHICH INCLUDES THE INFORMATION REQUIRED BY THIS PARAGRAPH AND DESCRIBES THE PROCEDURES WHICH WILL BE CARRIED OUT TO COMPLY WITH 40 CFR 265.13(A). AT THE TIME OF THE SEPTEMBER 29, 1983, INSPECTION, THE RESPONDENT DID NOT HAVE A WASTE ANALYSIS PLAN ON FILE AT THE FACILITY AS REQUIRED BY 40 CFR 265.13. B. PURSUANT TO 40 CFR 265.14(C), THE OWNER OR OPERATOR IS REQUIRED TO POST SIGNS WITH THE LEGEND DANGER UNAUTHORIZED PERSONNEL KEEP OUT AT EACH ENTRANCE TO THE ACTIVE PORTION OF THE FACILITY AND AT OTHER LOCA- TIONS, IN SUFFICIENT NUMBERS TO BE SEEN BY ANYONE APPROACHING THIS ACTIVE PORTION. AT THE TIME OF THE SEPTEMBER 29, 1983, INSPECTION, THE RESPONDENT DID NOT HAVE SIGNS POSTED AS REQUIRED BY 40 CFR 265.14(C). C. PURSUANT TO 40 CFR 265.15, THE OWNER OR OPERATOR MUST INSPECT THE FACILITY FOR MALFUNCTIONS AND DETERIORA- TION, OPERATOR ERRORS, AND DISCHARGES; AND MUST DEVELOP AND FOLLOW A WRITTEN SCHEDULE AS REQUIRED IN 40 CFR 265.15(B). AT THE TIME OF THE SEPTEMBER 29, 1983, INSPECTION, THE RESPONDENT HAD NOT DEVELOPED A WRITTEN SCHEDULE AS REQUIRED BY 40 CFR 265.15(B), AND HAD NOT DOCUMENTED THAT IT WAS CONDUCTING ANY SUCH INSPECTIONS AS REQUIRED BY 40 CFR 265.15. D. PURSUANT TO 40 CFR 265.16(D), THE OWNER OR OPERATOR IS REQUIRED TO MAINTAIN WRITTEN JOB TITLES, JOB DESCRIP- TIONS, DESCRIPTION OF TRAINING, AND RECORDS THAT DOCU- MENT THAT TRAINING HAS BEEN GIVEN TO AND COMPLETED BY FACILITY PERSONNEL. AT THE TIME OF THE SEPTEMBER 29, 1983, INSPECTION, THE RESPONDENT HAD NOT COMPLIED WITH 40 CFR 265.16. AT THE TIME OF THE SEPTEMBER 29, 1983, AND JULY 26, 1984, INSPECTIONS, THE RESPONDENT HAD NOT IMPLEMENTED A GROUND- WATER MONITORING PROGRAM CAPABLE OF DETERMINING THE IMPACT OF THE FACILITY'S SURFACE IMPOUNDMENT ON THE QUALITY OF GROUNDWATER IN THE UPPERMOST AQUIFER UNDERLYING THE FACILI- TY. AT THE TIME OF THE JULY 26, 1984, INSPECTION, VIOLATIONS A THROUGH D HAD BEEN CORRECTED. PURSUANT TO 40 CFR 265.52, THE OWNER OR OPERATOR IS RE- QUIRED TO PROVIDE A LIST OF EMERGENCY EQUIPMENT AND THEIR LOCATION AND CAPABILITIES ALONG WITH AN EVACUATION PLAN FOR THE FACILITY AS A PART OF THEIR CONTINGENCY PLAN. AT THE TIME OF THE JULY 26, 1984, INSPECTION, THE RESPONDENT HAD NOT IMPLEMENTED A CONTINGENCY PLAN AS REQUIRED BY 40 CFR 265.52. THE FOLLOWING VIOLATIONS ARE BASED ON INFORMATION LOCATED IN U.S. EPA FILES. A. PURSUANT TO 40 CFR 265.143, THE OWNER OR OPERATOR MUST ESTABLISH FINANCIAL ASSURANCE FOR CLOSURE OF THE FACILITY. TO DATE, THE RESPONDENT HAS NOT COMPLIED WITH 40 CFR 265.143. B. PURSUANT TO 40 CFR 265.147, THE OWNER OR OPERATOR IS REQUIRED TO ESTABLISH LIABILITY COVERAGE FOR SUDDEN AND NON-SUDDEN ACCIDENTAL OCC

Defendants (1)

• LAMINA INCNamed in complaintNamed in settlement

Facilities (2)

• LAMINA INCORPORATED LAMINA BRONZE PROD DIVISION

  3650 S DERENZY RD, BELLAIRE, MI, 49615

  Registry ID: 110000700778

• LAMINA INCORPORATED LAMINA BRONZE PROD DIVISION

  3650 S DERENZY RD, BELLAIRE, MI, 49615

  Registry ID: 110000700778

Statutes cited

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

Enforcement conclusions (1)

• LAMINA INC

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (4 milestones)

• 1984-12-04Complaint Filed/Proposed Order
• 1984-12-04Enforcement Action Data Entered
• 1985-06-18Compliance Achieved
• 1985-06-18Enforcement Action Closed