EPA v. SELKIRK METALBESTOS

Case summary

THE RESPONDENT, SELKIRK METALBESTOS, OWNS AND OPERATES A FACILITY AT STATE ROUTE 90 NORTH & SUTTON ROAD, LOGAN, OHIO. THE RESPONDENT IS A DELAWARE CORPORATION WHOSE REGISTERED AGENT IN OHIO IS H. H. CORPORATION, 2700 SANDERS ROAD, PROSPECT HEIGHTS, ILLINOIS 60070. RESPONDENT IS A PERSON WITHING THE MEANING OF SECTION 3001 OF RCRA, 42 U.S.C. SECTION 6921, AND 40 CFR 260.10. IT IS THE OWNER AND OPERA- TOR OF THE FACILITY, WITHIN THE MEANING OF 40 CFR 260.10, AND IS THEREFORE RESPONSIBLE TO INSURE COMPLIANCE WITH RCRA. SECTION 3010 TO RCRA REQUIRES ANY PERSON WHO GENERATES OR TRANSPORTS HAZARDOUS WAST OR OWNS OR OPERATES A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE TO NOTIFY U.S. EPA OF SUCH ACTIVITY WITHIN 90 DAYS OF THE PROMULGATION OF REGULATIONS UNDER SECTION 3001 OF RCRA. SECTION 3010 OF RCRA ALSO PROVIDES THAT NO HAZARDOUS WASTE SUBJECT TO REGULATIONS MAY BE TRANSPORTED, TREATED, STORED, OR DISPOSED OF UNLESS THE REQUIRED NOTIFICATION HAS BEEN GIVEN, 42 U.S.C. SECTION 6930. U.S. EPA PUBLISHED REGULATIONS CONCERNING THE GENERATION, TRANSPORTATION, TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE ON MAY 19, 1980. THESE REGULATIONS ARE CODIFIED AT 40 CFR PARTS 260-265. NOTIFICATION TO U.S. EPA OF HAZARDOUS WASTE HANDLING WAS REQUIRED, IN MOST INSTANCES, NO LATER THAN AUGUST 18, 1980. RESPONDENT FILED NOTIFICATION, AS A GENERATOR OF HAZARDOUS WASTE, ON OCTOBER 25, 1984, IN VIOLA- TION OF 3010 OF RCRA. ON OCTOBER 25, 1984, OEPA CONDUCTED A RCRA COMPLIANCE INSPECTION AT RESPONDENT'S FACILITY AND DETERMINED THAT RESPONDENT HAD GENERATED HAZARDOUS WASTES INCLUDING SPENT NON-HALOGENATED SOLVENTS (U.S. EPA HAZARDOUS WASTE NUMBER F003) WHICH HAS BEEN IDENTIFIED AND LISTED UNDER SECTION 3001 OF THE ACT. DURING THIS INSPECTION, OEPA OBSERVED THE FOLLOWING VIOLATIONS: A. FAILURE TO DETERMINE IF WASTE GENERATED BY THE FACILI- TY WAS HAZARDOUS PURSUANT TO OAC 3745-52-11. B. FAILURE TO PROPERLY MANIFEST A SHIPMENT OF HAZARDOUS WASTE PURSUANT TO OAC 3745-52-21. C. FAILURE TO PROPERLY PLACARD A SHIPMENT OF HAZARDOUS WASTE FOR TRANSPORT IN ACCORDANCE WITH DOT REGULATIONS PURSUANT TO OAC 3745-52-33. D. FAILURE TO PROPERLY MARK AND LABEL CONTAINERS OF HAZARDOUS WASTE PURSUANT TO OAC 3745-52-34A. E. ACCUMULATION OF HAZARDOUS WASTE ON SITE FOR GREATER THAN 90 DAYS, WITHOUT A PERMIT OR HAVING INTERIM STA- TUS, IN VIOLATION OF OAC 3745-52-34B. F. FAILURE TO PROVIDE PERSONNEL TRAINING AND MAINTAIN JOB DESCRIPTIONS, JOB TITLES, DESCRIPTION TRAINING AND TRAINING RECORDS PURSUANT TO OAC 3745-65-16. G. FAILURE TO HAVE A CONTINGENCY PLAN AS REQUIRED BY OAC 3745-65-51 WHICH MEETS THE REQUIREMENTS OF OAC 3745- 65-52 AND IS MAINTAINED AND DISTRIBUTED IN ACCORDANCE WITH OAC 3745-65-53. BY ACCUMULATING HAZARDOUS WASTE ON SITE FOR GREATER THAN 90 DAYS, RESPONDENT WAS AN OPERATOR OF A STORAGE FACILITY AND SUBJECT TO THE REQUIREMENTS OF 40 CFR PARTS 264 AND 265, OAC 3745-65-65 THRU 69, AND THE PERMIT REQUIREMENTS OF 40 CFR PART 270. RESPONDENT HAS FAILED TO MEET THESE REQUIRE- MENTS. CONSIDERATION HAS BEEN GIVEN TO THE FACT THAT RESPONDENT HAS NOTIFIED U.S. EPA AS A GENERATOR OF HAZARDOUS WASTE AND INTENDS TO REMAIN A GENERATOR IN THE FUTURE; THEREFORE, SPECIFIC VIOLATIONS RELATING TO STORAGE FACILITIES ARE NOT CITED IN THIS COMPLAINT.

Defendants (1)

• SELKIRK METALBESTOSNamed in complaintNamed in settlement

Facilities (1)

• SELKIRK METALBESTOS

  ST RTE 93 N AND SUTTON RD, LOGAN, OH, 43138

  Registry ID: 110000382103

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• SELKIRK METALBESTOS

  Primary law: RCRA

  Federal penalty: $24,000

Timeline (4 milestones)

• 1985-06-24Enforcement Action Data Entered
• 1985-06-24Complaint Filed/Proposed Order
• 1985-10-17Compliance Achieved
• 1985-10-17Enforcement Action Closed