EPA v. CONSERVATION CHEMICAL COMPANY

Case summary

NATURE OF THE CASE THIS CASE INVOLVES THE FILING OF A PARTIAL CONSENT DECREE THAT MEMORIALIZES THE AGREEMENT, TO DATE, BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) AND CCCI. THE DECREE WILL RESULT IN AN ENFORCEABLE SHUTDOWN OF THE FACILITY AND A REQUIREMENT THAT CCCI SUBMIT ITS CLOSURE PLAN. FURTHER INJUNCTIVE RELIEF WILL BE NEEDED TO COMPEL NORMAN B. HJERSTED AND CCCI TO PERFORM CLOSURE AND ENSURE POST-CLOSURE CARE FOR THIS FACILITY. THE DECREE DOES NOT REACH THE LATTER ISSUES SINCE HJERSTED, THE PRESIDENT AND PRINCIPAL STOCKHOLDER IN CCCI (WHO IS, ON THE FACTS, PER- SONALLY LIABLE AS WELL), WOULD NOT AGREE TO THOS REQUIRE- MENTS. THIS FACILITY HAS OPERATED FOR A LENGTHY PERIOD IN MAJOR VIOLATION OF THE RCRA INTERIM STATUS STANDARDS. IT HAS BEEN THE SUBJECT OF REGULATORY ENFORCEMENT ACTIONS BY BOTH U.S. EPA AND THE STATE OF INDIANA. HAZARDOUS WASTES HAVE BEEN GENERATED, TREATED, STORED AND DISPOSED OF AT THE CCCI FACILITY. AMONG OTHER THINGS, CCCI HAS TREATED CYANIDE AND SPENT STEEL PICKLE LIQUOR; IT HAS STORED CYANIDE, CHLOR- INATED AND NON-CHLORINATED SOLVENTS, AND PCBS; IT HAS DIS- POSED OF SPENT PICKLE LIQUORS, SLUDGES AND PROCESS WATERS IN VARIOUS TANDS AND IN FOUR SURFACE IMPOUNDMENTS LOCATED AT AND NEAR THE GARY FACILITY. U.S. EPA IS PRESENTLY CONDUCT- ING A CLEANUP OF CERTAIN PORTIONS OF THE CCCI SITE PURSUANT TO SECTION 104 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) TO REMOVE SEVERAL TANKS OF PCB-CONTAMINATED HAZARDOUS WASTES. THESE TANKS ARE NOT PRESENTLY USED BY CCCI IN ITS RCRA OPERATIONS. CCCI NOTIFIED U.S. EPA ON AUGUST 18, 1980 OF ITS HAZARDOUS WASTE ACTIVITIES, AND ON NOVEMBER 18, 1980 SUB- MITTED ITS PART A APPLICATION FOR A PERMIT TO TREAT, STORE OR DISPOSE OF HAZARDOUS WASTES AT THE GARY FACILITY SITE. BY VIRTUE OF THE NOTIFICATION TO U.S. EPA AND THE SUBMISSION OF THE PART A APPLICATION, CCCI OBTAINED INTERIM STATUS UNDER RCRA, AND THUS BECAME SUBJECT TO THE INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACIL- ITIES. UNDER THOSE STANDARDS, CCCI WAS REQUIRED TO SUBMIT A PART B PERMIT APPLICATION BY JUNE 20, 1984. U.S. EPA RECEIVED CCCI'S PART B ON JULY 13, 1984. BY LETTER DATED JANUARY 30, 1985, U.S. EPA NOTIFIED CCCI THAT ITS PART B WAS DEFICIENT. THE MOST NOTABLE DEFICIENCIES WERE IN THE AREA OF COMPLIANCE WITH GROUNDWATER MONITORING REQUIREMENTS, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND CLOSURE AND POSTCLOSURE STANDARDS. A SECOND SUBMITTAL OF CCCI'S PART B HAS BEEN PARTIALLY REVIEWED BY THE STATE AND U.S. EPA, AND HAS BEEN FOUND ALSO TO BE DEFICIENT. NOTICE OF THAT FACT WILL SHORTLY BE COMMUNICATED TO CCCI. AS ACKNOWLEDGED IN THE PARTIAL CONSENT DECREE, THERE ARE FOUR LAND DISPOSAL UNITS AT THE FACILITY, ONE OF WHICH IS LOCATED ON ADJACENT PROPERTY AND USED BY CCCI WITHOUT THE OWNER'S PERMISSION. SECTION 213 OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS REQUIRES THAT INTERIM STATUS LAND DISPOSAL FACILITIES CERTIFY COMPLIANCE WITH GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILITY REQUIREMENTS ON OR BEFORE NOVEMBER 8, 1985. ON FAILURE TO CERTIFY, THE FACILI- TY LOST INTERIM STATUS BY STATUTORY FIAT. ONLY BE VIRTUE OF HAVING BEEN DIRECTED BY THE ON-SCENE COORDINATOR TO CEASE DISCHARGING HAZARDOUS WASTES INTO ITS SURFACE IMPOUNDMENTS, TO REDUCE INTERFERENCE WITH THE REMOVAL ACTION UNDER CERCLA NOW UNDERWAY, DID CCCI AVOID CRIMINAL VIOLATION OF THE LOIS PROVISIONS. THE OWNER-OPERATOR HAS INDICATED AN INTENTION TO SHUT DOWN THE FACILITY. TO DATE, CCCI HAS FAILED TO IMPLEMENT A GROUNDWATER MONITORING PROGRAM AS REQUIRED UNDER RCRA. CCCI'S CLOSURE PLAN DOES NOT SATISFY THE REQUIREME

Defendants (2)

• CONSERVATION CHEMICAL COMPANY OF ILNamed in complaintNamed in settlement
• HJERSTED, NORMAN B.Named in complaintNamed in settlement

Facilities (1)

• SWIFT TRANSPORTATION

  6500 W INDUSTRIAL HWY, GARY, IN, 46406

  Registry ID: 110016661209

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CONSERVATION CHEMICAL CO OF ILentered 1991-01-28

  Primary law: RCRA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1985-11-30Enforcement Action Data Entered
• 1985-12-31Referred To Headquarters
• 1986-01-03Referred To Dept Of Justice
• 1986-01-06Complaint Filed With Court
• 1991-01-28Final Order Lodged
• 1991-01-28Final Order Entered
• 1991-01-28Concluded
• 1992-01-01Enforcement Action Closed