EPA v. ERIE COATINGS AND CHEMICALS, INC.

Case summary

NATURE OF THE CASE (9/25/85 REFERRAL) THIS CASE INVOLVES THE ENFORCEMENT OF A CONSENT AGREE- MENT AND FINAL ORDER (CAFO) WHICH WAS ENTERED INTO BETWEEN ERIE COATINGS & CHEMICALS, INC. (ERIE) AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ON FEBRUARY 1, 1985. AFTER PAYING THE NEGOTIATED CIVIL PENALTY ASSOCIATED WITH THE CAFO, ERIE HAS APPARENTLY MADE ALMOST NO ATTEMPT TO COMPLY WITH THE SUBSTANTIVE TERMS AND CONDITIONS OF THE CAFO, AND IS PRESENTLY IN VIOLATION OF NOT ONLY THE CAFO, BUT THE SUBSTANTIVE RCRA REGULATIONS AS WELL. AS DETAILED IN THE LITIGATION REPORT, REGION V ISSUED TO ERIE A COMPLIANCE ORDER IN FEBRUARY, 1984. AFTER A NUM- BER OF CONFERENCES, DISCUSSIONS, AND EXCHANGES OF INFORMA- TION, REGION V AND ERIE AGREED TO THE TERMS AND CONDITIONS OF A CAFO IN FEBRUARY, 1985. AN APRIL, 1985 INSPECTION OF THE SITE HAS REVEALED THAT ERIE HAS SHOWN ALMOST TOTAL DIS- REGARD FOR THE TERMS AND CONDITIONS OF THE CAFO. IN OTHER WORDS, THE SUBSTANTIVE RCRA REGULATION VIOLATIONS ARE CON- TINUING, AND HAVE NOW BEEN COMPOUNDED BY ERIE'S VIOLATION OF THE CAFO. THE CIVIL ACTION PROPOSED IN THIS LITIGATION REPORT WOULD SEEK A DISTRICT COURT ORDER REQUIRING ERIE AND TWO OF ITS OFFICERS TO FULLY COMPLY WITH THE RCRA REGULA- TIONS AND TO PAY A CIVIL MONETARY PENALTY. CAUSE OF ACTION U.S. EPA'S AUTHORITY TO BRING THIS ACTION IS BASED ON SECTION 3008 OF RCRA WHICH AUTHORIZES THE ADMINISTRATOR TO SEEK CIVIL INJUNCTIVE RELIEF AND PENALTIES FOR VIOLATIONS OF THE AGENCY'S SUBTITLE C REGULATIONS AND REGULATIONS OF AUTHORIZED STATE PROGRAMS WHICH GOVERN OWNERS AND OPERATORS OF HAZARDOUS WASTE MANAGEMENT FACILITIES. PROPOSED REMEDY THE OBJECTIVE OF THIS LITIGATION IS TO OBTAIN A DIS- TRICT COURT ORDER REQUIRING ERIE AND TWO NAMED CORPORATE OFFICERS TO COMPLY FULLY WITH THE SUBSTANTIVE RCRA REGULA- TIONS, THE TERMS AND CONDITIONS OF THE CAFO, AND TO PAY A CIVIL MONETARY PENALTY. ISSUES OF NATIONAL OR PRECEDENTIAL IMPORTANCE THERE ARE NO NATIONAL OR SIGNIFICANT PRECEDENTIAL ISSUES PRESENTLY ASSOCIATED WITH THIS CASE.

Defendants (3)

• OSSWALD, CHARLES A.Named in complaintNamed in settlement
• ERIE COATINGS AND CHEMICALS, INC.Named in complaintNamed in settlement
• NORTON, EDWARD F.Named in complaintNamed in settlement

Facilities (1)

• ERIE COATINGS & CHEMICALS INCORPORATED

  6828 S DIXIE HWY, ERIE, MI, 48133

  Registry ID: 110000614318

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• ERIE COATINGS AND CHEMICALSentered 1988-06-20

  Primary law: RCRA

Timeline (9 milestones)

• 1985-05-25Enforcement Action Data Entered
• 1985-09-30Referred To Headquarters
• 1985-11-05Referred To Dept Of Justice
• 1986-03-26Referred TO U.S. Attorney
• 1986-04-04Complaint Filed With Court
• 1988-06-20Final Order Lodged
• 1988-06-20Final Order Entered
• 1988-06-20Concluded
• 1992-05-01Enforcement Action Closed