EPA v. CHRYSLER CORP/INTROL DIV

Case summary

REGULATION 40 CFR 265.90(A) REQUIRES AN OWNER/OPERATOR OF A SURFACE IMPOUNDMENT USED TO MANAGE HAZARDOUS WASTE TO IMPLEMENT A GROUNDWATER MONITORING PROGRAM BY NOVEMBER 19, 1981, CAPABLE OF DETERMINING THE IMPACT OF THE FACILITY'S SURFACE IMPOUNDMENT(S) ON THE QUALITY OF GROUNDWATER IN THE UPPERMOST AQUIFER UNDERLYING THE FACILITY. AT THE TIME OF THE MAY 24, 1983, INSPECTION CONDUCTED BY MDNR AND U.S. EPA, RESPONDENT HAD NOT IMPLEMENTED A GROUND- WATER MONITORING PROGRAM AND COULD NOT PROVIDE A WRITTEN GROUNDWATER MONITORING WAIVER DEMONSTRATION FOR THE FACILI- TY. THEREFORE, THE RESPONDENT VIOLATED 40 CFR 265.90(A). REGULATION 40 CFR 265.94(A)(2)(I)(II) AND (III) REQUIRES AN OWNER/OPERATOR OF A SURFACE IMPOUNDMENT USED TO MANAGE HAZARDOUS WASTE TO REPORT (A) QUARTERLY, CONCENTRATIONS OR VALUES OF THE PARAMETERS LISTED IN 40 CFR 265.92(B)(1) FOR EACH GROUNDWATER MONITORING WELL WITHIN 15 DAYS AFTER COM- PLETING EACH QUARTERLY ANALYSIS; (B) ANNUALLY, CONCENTRA- TIONS OR VALUES OF THE PARAMETER LISTED IN 40 CFR 265.92(B) (3) FOR EACH GROUNDWATER MONITORING WELL ALONG WITH THE RE- QUIRED EVALUATIONS FOR THESE PARAMETERS UNDER 40 CFR 265.93 (B); AND (C) ANNUALLY, RESULTS OF GROUNDWATER SURFACE ELEVATIONS UNDER 40 CFR 265.93(F). THESE REQUIRED GROUND- WATER MONITORING REPORTS HAVE NOT BEEN SUBMITTED TO THE REGIONAL ADMINISTRATOR. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.94(A)(2)(I)(II) AND (III). REGULATIONS 40 CFR 265.91, 265.92, 265.93 AND 265.94 ADDRESS SEVERAL COMPONENTS OF THE GROUNDWATER MONITORING PROGRAM. IN FAILING TO INITIATE A TIMELY GROUNDWATER MONI- TORING PROGRAM AS REQUIRED IN 40 CFR 265.90(A), RESPONDENT HAS ALSO VIOLATED THOSE REGULATIONS RELEVANT TO THE GROUND- WATER MONITORING PROGRAM: 40 CFR 265.91 - GROUNDWATER MONITORING SYSTEM; 265.92 - SAMPLING AND ANALYSIS; AND 265.93(A) - GROUNDWATER QUALITY ASSESSMENT OUTLINE. REGULATION 40 CFR 265.112 REQUIRES AN OWNER OR OPERATOR TO SUBMIT ITS CLOSURE PLAN TO THE REGIONAL ADMINISTRATOR AT LEAST 180 DAYS BEFORE THE DATE HE EXPECTS TO BEGIN CLOSURE. AT THE TIME OF THE MAY 24, 1983, INSPECTION, RESPONDENT DID NOT HAVE A CLOSURE PLAN AVAILABLE FOR INSPECTION AND DID NOT SUBMIT A CLOSURE PLAN TO THE REGIONAL ADMINISTRATOR 180 DAYS BEFORE THE DATE OF CLOSURE OF THE SURFACE IMPOUNDMENT. TO DATE, NO CLOSURE PLAN HAS BEEN SUBMITTED TO THE REGIONAL ADMINISTRATOR. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.112.

Defendants (1)

• CHRYSLER CORPNamed in complaintNamed in settlement

Facilities (1)

• CHRYSLER CORPORATION INTROL DIVISION

  2880 N ZEEB RD, ANN ARBOR, MI, 48103

  Registry ID: 110042035348

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CHRYSLER CORP/INTROL DIV

  Primary law: RCRA

  Federal penalty: $8,500

Timeline (4 milestones)

• 1985-06-28Enforcement Action Data Entered
• 1985-06-28Complaint Filed/Proposed Order
• 1986-01-06Compliance Achieved
• 1986-01-06Enforcement Action Closed