EPA v. CLOW WATER SYSTEMS

Case summary

IMPACT: ON SEPTEMBER 18, 1985, A CONSENT AGREEMENT AND FINAL ORDER (CAFO) WAS ISSUED IN THE CLOW CORPORATION CASE WHEREBY THE COMPANY AGREED TO RECTIFY THE VIOLATIONS WHICH HAD BEEN FOUND IN THE COMPLAINT AND TO PAY A CIVIL PENALTY IN THE AMOUNT OF $85,000. <<< PENALTY OF $85,000 WAS COLLECTED ON 10/23/85. >>> BACKGROUND: ON DECEMBER 16, 1983, CLOW CORPORATION WAS SERVED WITH A COPY OF A COMPLAINT ALLEGING VIOLATIONS OF THE RCRA REGULATIONS PERTAINING TO RECORD KEEPING, FINANCIAL ASSURANCE, CLOSURE PLANS, AND GROUNDWATER MONITORING. ON NOVEMBER 20, 1984, THE COMPLAINT WAS AMENDED TO INCLUDE VIOLATIONS WHICH WERE DISCOVERED PURSUANT TO AN INSPECTION WHICH TOOK PLACE AFTER THE ORIGINAL ISSUANCE OF THE COM- PLAINT. I. SYNOPSIS OF CASE CLOW COPORATION OWNS AND OPERATES A FACILITY LOCATED IN COSHOCTON, OHIO WHICH MANUFACTURES PIPES AND PIPE FITTINGS. ON NOVEMBER 20, 1984, AN ADMINISTRATIVE COMPLAINT WAS FILED BY USEPA, REGION V PURSUANT TO SECTION 3008 OF RCRA, ALLEG- ING VIOLATIONS OF THE REGULATIONS WHICH HAVE BEEN PROMULGA- TED PURSUANT TO SUBTITLE C OF THE ACT. ON SEPTEMBER 18, 198 5, THE MATTER WAS RESOLVED PURSUANT TO A CONSENT AGREEMENT AND FINAL ORDER (CAFO). CLOW, PURSUANT TO THE TERMS OF THE CAFO, WAS REQUIRED IN- TER ALIA TO: 1. PREPARE AND MAINTAIN AN OPERATING RECORD FOR ITS SUR- FACE IMPOUNDMENT AND CONTAINERIZED WASTE; DOCUMENT INSURANCE COVERAGE AND ESTABLISH FINANCIAL ASSURANCE, 2. PREPARE AND SUBMIT A WRITTEN CLOSURE PLAN FOR ITS UN- PERMITTED DRUM STORAGE AREA; 3. SUBMIT A WORK PLAN FOR GROUNDWATER MONITORING WELLS; AND 4. SUBMIT A SAMPLING AND ANALYSIS PLAN FOR AN AREA IT HAD DESIGNATED AS A LANDFILL. CLOW HAS VIOLATED THE TERMS OF THE CAFO BY FAILING TO PRO- PERLY ADDRESS THE REQUIREMENTS OF THE ORDER. AFTER NOVEMBER 9, 1985, CLOW DISPOSED OF HAZARDOUS WASTE AT ITS FACILITY WITHOUT A PERMIT OR INTERIM STATUS, IN VIOLA TION OF S3005A OF RCRA. THE INTERIM STATUS OF CLOW TERMINA- TED BY OPERATION OF LAW ON NOVEMBER 8, 1985, BECAUSE CLOW DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILI TY REQUIREMENTS AS REQUIRED BY S3005(E2) OF RCRA. THIS CI- VIL LITIGATION REPORT REQUESTS THE INITIATION OF A CIVIL AC- TION PURSUANT TO S3008 OF RCRA FOR VIOLATION OF S3005 AND THE IMPLEMENTING REGULATIONS. WE RECOMMEND THAT THE GOVERNMENT SEEK A PERMANENT INJUNC- TION WHICH WOULD PROHIBIT CLOW FROM DISPOSING OF ADDITIONAL HAZARDOUS WASTE INTO IT LAND DISPOSAL UNIT AT ITS FACILITY AND REQUIRE CLOW TO (1) COMPLY WITH APPLICABLE GROUNDWATER MONITORING REQUIREMENTS AND FINANCIAL RESPONSIBILITY REQUIRE MENTS THROUGH CLOSURE AND POST-CLOSURE, AND (2) CLOSE ITS SURFACE IMPOUNDMENT. WE ALSO RECOMMEND THAT THE GOVERNMENT SEEK CIVIL PENALTIES AGAINST CSC FOR OPERATING WITHOUT A PER MIT. WE ALSO RECOMMEND THAT THE GOVERNMENT FILE AN ACTION IN FEDERAL DISTRICT COURT TO OBTAIN AN ORDER WHICH WOULD RE- QUIRE CLOW TO IMMEDIATELY COMPLY WITH ALL OF THE TERMS OF THE CAFO AND WHICH WOULD ASSESS CIVIL PENALTIES AGAINST THE COMPANY FOR VIOLATING THE CAFO.

Defendants (1)

• CLOW CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CLOW WATER SYSTEMS COMPANY

  2266 SOUTH 6TH STREET, COSHOCTON, OH, 43812

  Registry ID: 110000384664

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CLOW WATER SYSTEMSentered 1989-08-18

  Primary law: RCRA

  Federal penalty: $725,000

Timeline (7 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-05Referred To Dept Of Justice
• 1987-06-11Complaint Filed With Court
• 1989-08-18Final Order Entered
• 1989-08-18Concluded
• 1989-08-18Final Order Lodged
• 2000-10-23Enforcement Action Closed