EPA v. PLASTICS TECHNOLOGIES DBA FCM PLASTICS CO

Case summary

THE PROVISIONS OF 40 CFR 262.12 REQUIRE A GENERATOR OF HAZARDOUS WASTE TO APPLY FOR AND RECEIVE AN EPA IDENTIFICA- TION NUMBER FROM THE U.S. EPA. RESPONDENT HAS NEITHER APPLIED FOR NOR RECEIVED THE REQUIRED IDENTIFICATION NUMBER. ON FEBRUARY 28, 1984, THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR), AN AUTHORIZED REPRESENTATIVE OF U.S. EPA, CONDUCTED A RCRA COMPLIANCE INSPECTION OF RESPONDENT'S FACILITY AT 2555 OAK INDUSTRIAL DRIVE NE, GRAND RAPIDS, MICHIGAN. DURING THE INSPECTION, RESPONDENT WAS GENERATING LISTED HAZARDOUS WASTE AS DEFINED AT 40 CFR 261.31. THE PROVISIONS OF 40 CFR 262.34(A) AND 265.16 REQUIRE A GENERATOR OF HAZARDOUS WASTE TO MAINTAIN WRITTEN JOB TITLES AND JOB DESCRIPTIONS FOR EACH POSITION AT THE FACILITY RE- LATED TO HAZARDOUS WASTE MANAGEMENT, THE NAME OF THE EMPLOY- EE FILLING EACH JOB, A WRITTEN DESCRIPTION OF INTRODUCTORY AND CONTINUING HAZARDOUS WASTE TRAINING FOR EACH EMPLOYEE, AND RECORDS OF SUCH TRAINING. ON THE DATE OF THE INSPECTION RESPONDENT COULD NOT PRODUCE RECORDS OF ALL THE JOB TITLES, JOB DESCRIPTIONS, THE NAME OF THE EMPLOYEE IN EACH JOB, OR DESCRIPTIONS AND RECORDS OF TRAINING. THE PROVISIONS OF 40 CFR 262.34(A) AND 265.51 THROUGH 265.56 REQUIRE A GENERATOR OF HAZARDOUS WASTE TO HAVE A CONTINGENCY PLAN AND EMERGENCY PROCEDURES DESIGNED TO MINI- MIZE HAZARDS TO HUMAN HEALTH OR THE ENVIRONMENT FROM FIRE, EXPLOSION, OR ANY RELEASE OF HAZARDOUS WASTE TO AIR, SOIL, OR SURFACE WATER. ON THE DATE OF THE INSPECTION, RESPONDENT COULD NOT PRODUCE A COMPLETE OR UPDATED CONTINGENCY PLAN OR EMERGENCY PROCEDURES. THE PROVISIONS OF 40 CFR 262.34(A)(2) AND (3) ALLOW THE GENERATOR OF HAZARDOUS WASTE TO ACCUMULATE SAID WASTE UP TO 90 DAYS WITHOUT A PERMIT, PROVIDED THAT THE GENERATOR MARKS EACH CONTAINER OF WASTE WITH THE DATE ACCUMULATION BEGAN AND LABELS EACH CONTAINER WITH THE WORDS HAZARDOUS WASTE. ON THE DATE OF THE INSPECTION, RESPONDENT WAS ACCUMULATING WASTE IN CONTAINERS WHICH DID NOT BEAR THE REQUIRED DATE AND HAZARDOUS WASTE LABELING.

Defendants (1)

• PLASTICS TECHNOLOGIESNamed in complaintNamed in settlement

Facilities (2)

• MACDONALD INDUSTRIAL PLASTICS

  2555 OAK INDUSTRIAL DR. N.E., GRAND RAPIDS, MI, 49505

  Registry ID: 110000411484

• MACDONALD INDUSTRIAL PLASTICS

  2555 OAK INDUSTRIAL DR. N.E., GRAND RAPIDS, MI, 49505

  Registry ID: 110000411484

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• PLASTICS TECHNOLOGIES DBA FCM PLASTICS CO

  Primary law: RCRA

  Federal penalty: $9,000

Timeline (4 milestones)

• 1985-03-13Enforcement Action Data Entered
• 1985-03-13Complaint Filed/Proposed Order
• 1986-01-28Compliance Achieved
• 1986-01-28Enforcement Action Closed