EPA v. INDIANA WOODTREATING CORPORATION

Case summary

NATURE OF THE CASE SINCE 1976, IWC HAS TREATED RAILROAD TIES WITH CREOSOTE AND TAR COMPOUNDS, AND DEPOSITED HAZARDOUS WASTE GENERATED FROM THIS PROCESS IN SURFACE IMPOUNDMENTS, A WASTE PILE AND AND A STREAM ON ITS PROPERTY. IWC FAILED TO PROPERLY NOTIFY EPA OF ITS ACTIVITY AND TO APPLY FOR A PERMIT IN 1980, AS REQUIRED BY RCRA. IWC HAS ALSO VIOLATED ALL THE REGULATIONS APPLICABLE TO INTERIM STATUS FACILITIES AT 40 CFR PART 265. AS A RESULT, CARCINOGENIC, MUTAGENIC, TOXIC AND TERATAGENIC COMPOUNDS ARE CONTAMINATING THE CREEK AND ARE LIKELY TO BE CONTAMINATING THE GROUNDWATER. CAUSE OF ACTION AND REMEDY SOUGHT THIS MEMORANDUM RECOMMENDS THE FILING OF A CIVIL ACTION UNDER SECTIONS 3008(A),(H) AND 7003 OF RCRA 42 U.S.C. SECTIONS 6928(A), 6928(H) AND 6973 TO SEEK COMPLIANCE WITH THE APPLICABLE REGULATIONS, A STUDY TO DETERMINE THE NATURE AND EXTENT OF THE CONTAMINATION PRESENT, AND A COMPLETE ENVIRONMENTAL CLEANUP. IN ADDITION, A CIVIL PENALTY OF $300,000 IS RECOMMENDED. ISSUES OF NATIONAL SIGNIFICANCE REGION V RECOMMENDS THAT THE CORRECTIVE ACTION AUTHOR- ITY CONTAINED IN SECTION 3008(H) BE USED TO OBTAIN THE CLEANUP SOUGHT. THAT SECTION WAS ADDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 AND, AS SUCH, MAY BE CON- SIDERED A PRECEDENTIAL USE OF THAT AUTHORITY IN LITIGATION. STRATEGIC MERIT THIS CASE REPRESENTS A UNIQUE OPPORTUNITY FOR EPA TO USE ITS RESOURCES EFFECTIVELY. THE DEFENDANT, A NON- NOTIFIER, HAS IGNORED VIRTUALLY ALL APPLICABLE REGULATORY REQUIREMENTS AND CREATED A POTENTIALLY SEVERE ENVIRONMENTAL PROBLEM. THE REMEDIES SOUGHT, REGULATORY COMPLIANCE AND A HIGHLY COMPLEX AND EXTENSIVE CLEANUP, WILL REQUIRE THE USE OF ALL OF EPA'S AUTHORITY UNDER RCRA. RCRA VIOLATION SETTLED BY CONSENT DECREE, BUT DEFAULT WENT INTO BANKRUPTCY.

Defendants (1)

• INDIANA WOODTREATING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• INDIANA WOODTREATING CORP

  5700 S ROGERS ST, BLOOMINGTON, IN, 47403

  Registry ID: 110000700368

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• INDIANA WOODTREATING CORPentered 1992-05-21

  Primary law: RCRA

Timeline (8 milestones)

• 1985-06-01Enforcement Action Data Entered
• 1985-09-24Referred To Headquarters
• 1985-11-18Referred To Dept Of Justice
• 1986-03-17Complaint Filed With Court
• 1992-05-21Final Order Lodged
• 1992-05-21Final Order Entered
• 1992-05-21Concluded
• 2002-08-21Enforcement Action Closed