EPA v. BUCKEYE PRODUCTS CORPORATION

Case summary

REFERRAL OF BUCKEYE PRODUCTS CORPORATION NATURE OF THE CASE THIS CASE INVOLVES LOSS OF INTERIM STATUS AND THE EN- FORCEMENT OF AN ADMINISTRATIVE LAW JUDGE (ALJ) DECISION INITIALLY ENTERED ON DECEMBER 11, 1984. AS OF MAY 29, 1985, BUCKEYE HAD NOT FILED ITS APPEAL OF THE INITIAL DECISION, AND THERREAFTER, AN ORDER WAS ENTERED DECLARING THE INITIAL DECISION A FINAL AGENCY ACTION . BY OPERATION OF LAW, AS OF NOVEMBER 9, 1985, BUCKEYE LOST INTERIM STATUS WHEN IT FAILED TO COMPLY WITH GROUND- WATER MONITORING REQUIREMENTS AT ITS LAND DISPOSAL UNITS. AS DETAILED IN THE LITIGATION REPORT, REGION V ISSUED TO BUCKEYE AN ADMINISTRATIVE COMPLAINT, FINDINGS OF VIOLA- TION, AND ORDER ON NOVEMBER 16, 1983. BUCKEYE ANSWERED DENYING SOME OF THE VIOLATIONS, ADMITTING OTHER VIOLATIONS BUT CLAIMING THEY HAD BEEN CORRECTED, AND ASSERTING THAT THE $35,000 PENALTY WAS EXCESSIVE. THUS, A HEARING WAS HELD IN CHICAGO, ILLINOIS ON JUNE 26 AND 27, 1984. THE ADMINISTRATIVE LAW JUDGE HELD THAT BUCKEYE HAD VIOLATED REGULATIONS OF RCRA AND THAT BUCKEYE WAS LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF $34,500. AMONG OTHER THINGS, BUCKEYE WAS ORDERED TO PROVIDE THE AGENCY WITH A GROUNDWATER MONITORING PROGRAM IN ACCORDANCE WITH 40 CFR 265.90 WHICH HAS BEEN APPROVED BY THE REGIONAL ADMINISTRATOR AS MEETING THE REQUIREMENTS OF 40 CFR 265.91 AND WHICH COM- PLIES WITH 40 CFR 265.92-265.94. ON NOVEMBER 15, 1984, BUCKEYE SUBMITTED AN ASSESSMENT PLAN. BOTH THE U.S. EPA AND MDNR REVIEWED THE PLAN AND, ON FEBRUARY 6, 1985, SENT COMMENTS TO THE FACILITY. SINCE THIS TIME, BUCKEYE HAS FAILED TO SUBMIT ANY FURTHER ASSESSMENT PLANS FOR APPROVAL. THIS CONSTITUTES FAILURE TO COMPLY WITH CERTAIN SUBSTANTIVE PROVISIONS OF THE ALJ DECISION REQUIRING COMPLIANCE WITH GROUNDWATER MONITORING REGULATIONS PROMUL- GATED UNDER SUBTITLE C OF RCRA. ON SEPTEMBER 26, 1985, THE MDNR INSPECTED THE FACILITY AND FOUND CONTINUING VIOLATIONS OF THE FINAL AGENCY ORDER. NUMEROUS ATTEMPTS HAVE BEEN MADE TO NOTIFY BUCKEYE OF ITS OBLIGATIONS TO COMPLY WITH THE FNAL AGENCY ORDER. YET, BUCKEYE HAS FAILED TO COMPLY WITH THE ORDER REGARDING PAY- MENT OF THE CIVIL PENALTY AND DEVELOPMENT OF A GROUNDWATER QUALITY ASSESSMENT PROGRAM. ON MAY 6, 1986, THE UNITED STATES FILED A CIVIL COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SEEKING ENFORCEMENT OF THE ALJ'S ORDER. FOLLOWING NEGOTIATIONS, THE PARTIES ENTERED A CONSENT DECREE, WHICH WAS SIGNED BY THE COURT ON DECEMBER 16, 1987. AMONG OTHER THINGS, THE DECREE REQUIRED BUCKEYE TO: 1) PAY A PENALTY OF $82,958; 2) CONDUCT QUARTERLY GROUNDWATER MONITORING 3) SUBMIT FOR APPROVAL WITHIN A SPECIFIED PERIOD AND, UPON APPROVAL, IMPLEMENT, A POST-CLOSURE CARE PLAN AND 4) OBTAIN LIABILITY INSURANCE OR ELSE CERTIFY EVERY 90 DAYS ITS EFFORTS TO OBTAIN SUCH INSURANCE, FOR ITS CLOSED SURFACE IMPOUNDMENTS. THE DECREE ALSO REQUIRED BUCKEYE TO PAY STIPULATED PENALTIES FOR EACH DAY OF VIOLATION OF THE DECREE. BUCKEYE WAS IN VIOLATION OF THE DECREE EVEN BEFORE THE COURT SIGNED IT. ON JUNE 30, 1988, ORC SENT BUCKEYE A DEMAND LETTER TO WHICH IT NEVER RESPONDED. THE MATTER WAS AGAIN REFERRED TO THE JUSTICE DEPARTMENT AND A MOTION TO ENFORCE CONSENT DECREE AND ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT WAS FILED ON JUNE 21, 1990. DEFENDANT NEVER FILED A RESPONSE TO THE MOTION, BUT ITS ATTORNEY MET WITH EPA AND DOJ REPRESENTATIVES IN AN EFFORT TO SETTLE THE MATTER. SEVERAL DATES FOR HEARING ON THE MOTION WERE RESCHEDULED, AND THE MATTER WAS FINALLY SET FOR A HEARING ON JANUARY 14, 1991.

Defendants (1)

• BUCKEYE PRODUCTS CORPNamed in complaintNamed in settlement

Facilities (1)

• BUCKEYE PRODUCTS CORPORATION

  410 E BEECHER ST, ADRIAN, MI, 49221

  Registry ID: 110043090017

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• BUCKEYE PRODUCTS CORPORATIONentered 1993-09-15

  Primary law: RCRA

  Federal penalty: $5,414,871

Timeline (8 milestones)

• 1985-12-31Referred To Headquarters
• 1986-02-05Referred To Dept Of Justice
• 1986-05-06Enforcement Action Data Entered
• 1986-05-06Complaint Filed With Court
• 1993-09-15Final Order Lodged
• 1993-09-15Final Order Entered
• 1993-09-15Concluded
• 1997-09-30Enforcement Action Closed