EPA v. SAVAGE, THOMAS S., MATTER

Case summary

LEGAL BASIS FOR PROPOSED ACTION: SECTION 3008 OF THE RE- SOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 42 U.S.C. SECTION 6901 ET SEQ. IDENTITY OF DEFENDANT: THOMAS S. SAVAGE, LAST KNOWN AD- DRESS: 313 SOUTH LAKESHORE DRIVE, FOREST LAKE, MINNESOTA 55025. MR. SAVAGE, DOING BUSINESS AS T.S.S. CORPORATION, OWNS A FACILITY AT 1724 CLINTON STREET, KALAMAZOO, MI. ALLEGED VIOLATIONS: AS OF NOVEMBER 26, 1985, MR. SAVAGE HAS FAILED TO COMPLY WITH PARAGRAPHS (1), (2) AND (5) OF THE CONSENT AGREEMENT AND FINAL ORDER DULY ENTERED INTO BY HIMSELF WITH THE U.S. EPA ON JUNE 6, 1985. THESE VIOLA- TIONS CONSIST OF FAILURE TO PROVIDE THE EPA WITH SPECI- FIED DOCUMENTS, FAILURE TO PAY A CIVIL PENALTY, AND FAIL- URE TO MAKE A DEED NOTATION. PROPOSED RELIEF: INJUNCTION REQUIRING PROOF OF NOTATION ON DEED OF KALAMAZOO PROPERTY REGARDING PRESENCE OF CONTAMI- NATION BENEATH BUILDING AND NECESSITY FOR PROPER DISPOSAL OF CONTAMINATED MATERIALS. CIVIL PENALTY UNDER RCRA SECTION 3008(G) IN THE AMOUNT OF TWO THOUSAND, TWO HUNDRED FIFTY DOLLARS ($2,250.00). CIVIL PENALTY UNDER RCRA SECTION 3008(C) IN THE AMOUNT OF SEVEN HUNDRED FIFTY DOLLARS ($750.00). RECENT CONTACTS WITH DEFENDANT: THOMAS SAVAGE SIGNED, ON MAY 22, 1985, A FINAL ORDER AND CONSENT AGREEMENT ISSUED BY REGION V ON JUNE 6, 1985. THE ORDER PROVIDED FOR A $2,250 CIVIL PENALTY AND REQUIRED THE ABOVE DEED NOTATION. FULLY EXECUTED COPIES OF THE ORDER SENT TO DEFENDANT BY CERTIFIED MAIL TO HIS THREE LAST KNOWN ADDRESSES HAVE BEEN DENIED DELIVERY AND RETURNED UNOPENED. SIGNIFICANT ISSUES PRESENTED: THE FILING OF A CIVIL ACTION TO ENFORCE THE ORDER WILL SEND A CLEAR SIGNAL TO THE REGU- LATED COMMUNITY THAT THE EPA DEMANDS COMPLIANCE WITH ITS PERMITTING SYSTEM AND ADMINISTRATIVE ORDERS IN RECOGNITION OF THE DISASTROUS CUMULATIVE EFFECT WHICH NON-COMPLIANCE BY THE NUMEROUS SMALL GENERATORS AND OPERATORS WOULD HAVE ON THE ENVIRONMENT AND PUBLIC HEALTH. EVIDENCE OF VIOLATIONS: THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES CONDUCTED RCRA COMPLIANCE INSPECTIONS OF THE FACILITY AS AN AUTHORIZED REPRESENTATIVE OF THE U.S. EPA ON APRIL 18 AND 19, 1984. DATE REFERRAL REQUEST APPEARED NECESSARY: DEFENDANT CAME INTO VIOLATION OF THE ORDER ON JULY 6, 1985 AND HAS NOT RESPONDED TO REPEATED POST-ORDER COMPLIANCE DEMANDS. OTHER SIGNIFICANT ASPECTS OF CASE: DUE TO THE SMALL SIZE OF THE PENALTY INVOLVED, YET IN RECOGNITION OF THE PRECEDEN- TIAL VALUE AN ENFORCEMENT ACTION WILL HAVE FOR THE REGU- LATED COMMUNITY, U.S. EPA REGION V MANIFESTS ITS WILLING- NESS TO COMMIT ITS OWN RESOURCES AND PERSONNEL TO PURSUIT OF THIS ACTION.

Defendants (1)

• SAVAGE, THOMAS S.Named in complaintNamed in settlement

Facilities (1)

• SAVAGE PLATING AND ANODIZING CO

  1724 CLINTON ST, KALAMAZOO, MI, 49001

  Registry ID: 110003581286

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• SAVAGE, THOMAS S., MATTERentered 1986-11-06

  Primary law: RCRA

  Federal penalty: $2,250

Timeline (7 milestones)

• 1985-07-06Enforcement Action Data Entered
• 1985-12-31Referred To Headquarters
• 1986-01-17Referred To Dept Of Justice
• 1986-04-02Complaint Filed With Court
• 1986-11-06Final Order Lodged
• 1986-11-06Final Order Entered
• 1986-11-06Concluded