EPA v. MERCIER CORP

Case summary

ON AUGUST 30, 1983, MDNR INSPECTED RESPONDENT'S FACILITY AND DETERMINED THAT RESPONDENT HAD RECEIVED EMISSION CON- TROL DUST FROM THE PRODUCTION OF STEEL IN ELECTRIC FUR- NACES AFTER NOVEMBER 20, 1980. UNDER 40 CFR 261.32, EMIS- SION CONTROL DUST FROM PRODUCTION OF STEEL IN ELECTRIC FURNACES IS A LISTED HAZARDOUS WASTE (K061). ON DECEMBER 3, 1984, MDNR, AS AN AUTHORIZED REPRESENTATIVE OF U.S. EPA, CONDUCTED A RCRA COMPLIANCE INSPECTION OF RESPONDENT'S FACILITY. THE SUBSEQUENT DECEMBER 3, 1984, INSPECTION REVEALED THAT THE STORAGE OF K061 WAS DONE WITHOUT COMPLYING WITH THE 40 CFR 265 REQUIREMENTS. AS A RESULT OF THE AUGUST 30, 1983 AND DECEMBER 3, 1984, INSPECTIONS, IT HAS BEEN DETERMINED THAT THE RESPONDENT VIOLATED THE FOLLOWING REQUIREMENTS OF PART 265: A) THE RESPONDENT HAS FAILED TO DEVELOP AN APPROVED WASTE ANALYSIS PLAN PURSUANT TO 40 CFR 265.13; B) THE RESPONDENT HAS FAILED TO DEVELOP AND MAINTAIN AN APPROVED INSPECTION SCHEDULE, PURSUANT TO 40 CFR 265.15; C) THE RESPONDENT HAS FAILED TO ESTABLISH AND MAINTAIN AN APPROVED EMPLOYEE TRAINING PROGRAM AND RECORDS OF PER- SONNEL AND TRAINING PURSUANT TO 40 CFR 265.16. D) THE RESPONDENT FAILED TO ESTABLISH EMERGENCY EQUIPMENT TESTING AND MAINTENANCE PROCEDURES PURSUANT TO 40 CFR 265.33; E) THE RESPONDENT FAILED TO SECURE ARRANGEMENTS WITH LOCAL AUTHORITIES FOR RESPONSE IN CASE OF AN EMERGENCY PURSUANT TO 40 CFR 265.37. F) THE RESPONDENT FAILED TO DEVELOP AND HAVE AVAILABLE A CONTINGENCY PLAN PURSUANT TO 40 CFR 265.50 - 265.56; G) THE RESPONDENT FAILED TO ESTABLISH AND MAINTAIN AN OPERATING LOG PURSUANT TO 40 CFR 265.73. H) THE RESPONDENT FAILED TO SUBMIT BIENNIAL REPORTS PURSUANT TO 40 CFR 265.73; I) THE RESPONDENT FAILED TO HAVE AN APPROVED CLOSURE PLAN PURSUANT TO 40 CFR 265.112; J) THE RESPONDENT FAILED TO ESTABLISH FINANCIAL ASSURANCE PURSUANT TO 40 CFR 265.143; AND K) THE RESPONDENT FAILED TO ESTABLISH LIABILITY COVERAGE FOR SUDDEN-OCCURENCE PURSUANT TO 40 CFR 265.147(A). ON APRIL 17, 1985, MDNR SENT A LETTER TO RESPONDENT ACKNOWLEDGING THAT RESPONDENT WAS IN COMPLIANCE WITH ALL OF THE VIOLATIONS EXCEPT CLOSURE AND FINANCIAL REQUIREMENTS.

Defendants (1)

• MERCIER CORPNamed in complaintNamed in settlement

Facilities (1)

• MERCIER CORP THE DEARBORN PLT

  3895 ROULO, DEARBORN, MI, 48120

  Registry ID: 110009596295

Statutes cited

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

Enforcement conclusions (1)

• MERCIER CORP

  Primary law: RCRA

  Federal penalty: $5,625

Timeline (4 milestones)

• 1985-06-28Enforcement Action Data Entered
• 1985-06-28Complaint Filed/Proposed Order
• 1986-01-15Enforcement Action Closed
• 1986-01-15Compliance Achieved