EPA v. KEYSTONE CONSOLIDATED

Case summary

NATURE OF THE CASE THIS MATTER INVOLVES THE OPERATION OF A STEEL AND WIRE MANUFACTURING PLANT WHICH GENERATES SPENT PICKLE LIQUOR THAT IS PLACED INTO SURFACE IMPOUNDMENTS AND WASTE PILES. SPENT PICKLE LIQUOR FROM STEEL FINISHING OPERATIONS IS A LISTED HAZARDOUS WASTE (KO62) UNDER 40 CFR SECTION 261.30, AND PLACEMENT OF SUCH WASTE INTO A SURFACE IMPOUNDMENT OR WASTE PILE SUBJECTS KEYSTONE, AS THE OWNER AND OPERATOR OF AN EXISTING HAZARDOUS WASTE MANAGEMENT FACILITY, TO THE RE- QUIREMENTS OF RCRA. KEYSTONE HAS NOT OBTAINED OR SUBMITTED AN APPLICATION FOR A RCRA PERMIT, AND DOES NOT HAVE INTERIM STATUS TO OPERATE A RCRA FACILITY. IN ADDITION, KEYSTONE HAS NOT COMPLIED WITH THE FINANCIAL OR GROUNDWATER REQUIRE- MENTS OF THE LOIS PROVISIONS OF RCRA, AND HAS CONTINUED TO PLACE HAZARDOUS WASTE INTO SURFACE IMPOUNDMENTS AND WASTE PILES, SUBSEQUENT TO NOVEMBER 8, 1985. THE KEYSTONE FACILITY HAS BEEN OPERATED FOR AN EXTENDED PERIOD OF TIME IN VIOLATION OF THE INTERIM STATUS PROVI- SIONS OF RCRA. KEYSTONE INITIALLY NOTIFIED THE U.S. EPA OF HAZARDOUS WASTE ACTIVITY ON AUGUST 15, 1980, AND SUBMITTED A PART A PERMIT APPLICATION ON NOVEMBER 14, 1980, TO TREAT, STORE OR DISPOSE OF HAZARDOUS WASTE AT THE PEORIA FACILITY. ON NOVEMBER 12, 1980, THE U.S. EPA REMOVED WASTE PICKLE LIQUOR SLUDGE GENERATED BY LIME TREATMENT OF SPENT PICKLE LIQUOR FROM STEEL FINISHING OPERATIONS (K063) FROM THE LIST OF HAZARDOUS WASTES FOUND AT 40 CFR SECTION 261.30. AS A RESULT OF THE REMOVAL OF K063 FROM THE U.S. EPA LIST OF HAZARDOUS WASTES, KEYSTONE REQUESTED WITHDRAWAL OF THE PART A PERMIT APPLICATION ON JANUARY 28, 1982, AND AGAIN ON OCTOBER 11, 1982. THE WITHDRAWAL REQUEST WAS GRANTED BY THE U.S. EPA ON FEBRUARY 15, 1983, AT WHICH TIME THE U.S. EPA WAS UNAWARE OF THE PLACEMENT OF SPENT PICKLE LIQUOR (K062) INTO SURFACE IMPOUNDMENTS AND WASTE PILES AT THE KEYSTONE FACILITY. DURING INSPECTIONS OF THE KEYSTONE FACILITY CONDUCTED BY THE ILLINOIS EPA ON AUGUST 19 AND 26, 1983, AND AGAIN ON FEBRUARY 22 AND APRIL 26, 1985, KEYSTONE WAS FOUND TO BE STORING AND DISPOSING OF SPENT PICKLE LIQUOR (K062) IN SUR- FACE IMPOUNDMENTS AND WASTE PILES. SUBSEQUENT TO EACH INSPECTION, THE ILLINOIS EPA NOTIFIED KEYSTONE THAT SUCH STORAGE AND DISPOSAL OF HAZARDOUS WASTE WERE VIOLATIONS OF RCRA AND REGULATIONS PROMULGATED THEREUNDER. IN RESPONSE TO THE NOTIFICATIONS, KEYSTONE FAILED TO TAKE APPROPRIATE ACTION TO CORRECT THE VIOLATIONS. ON JUNE 28, 1985, THE U.S. EPA ISSUED KEYSTONE AN AD- MINISTRATIVE COMPLAINT AND COMPLIANCE ORDER ( ORDER ), PUR- SUANT TO SECTION 3008(A)(1) OF RCRA. THE ORDER CITED KEYSTONE FOR BEING IN VIOLATION OF ALL INTERIM STATUS STANDARDS FOR FACILITIES WITH SURFACE IMPOUNDMENTS AND WASTE PILES, AND SOUGHT TO HAVE KEYSTONE COME INTO COMPLIANCE WITH ALL STANDARDS. SUBSEQUENT TO ISSUANCE OF THE ORDER, KEY- STONE INDICATED THAT IT WOULD INSTALL A FEW GROUNDWATER MONITORING WELLS; HOWEVER, PRESENT INFORMATION AVAILABLE TO THE U.S. EPA INDICATES THAT KEYSTONE HAS NOT ACHIEVED COM- PLIANCE WITH ANY INTERIM STATUS STANDARDS. DURING RECENT SETTLEMENT DISCUSSIONS INVOLVING THE ORDER, KEYSTONE EXPRESSED A WILLINGNESS TO COOPERATE WITH THE U.S. EPA TO RESOLVE THE ADMINISTRATIVE MATTER; HOWEVER, THE NOVEMBER 8, 1985, DEADLINE HAS NOW PASSED; AND KEYSTONE HAS BEEN INFORMED BY THE U.S. EPA THAT IT MUST CEASE OPERAT- ING A HAZARDOUS WASTE MANAGEMENT FACILITY AND SUBMIT AND IMPLEMENT PROPER CLOSURE AND POST-CLOSURE PLANS. KEYSTONE HAS INDICATED THAT, IN ORDER TO CEASE PLACING HAZARDOUS WASTE INTO SURFACE IMPOUNDMENTS AND WASTE PILES, THE ENTIRE STEEL AND WIRE MANUFACTURING PLANT WOULD HAVE TO BE CLOSED DOWN, AND KEYSTONE IS NOT WILLING T

Defendants (1)

• KEYSTONE CONSOLIDATED INDUSTRIES INCNamed in complaintNamed in settlement

Facilities (8)

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

• KEYSTONE GROUP BARTONVILLE PLANT

  7000 S ADAMS ST, PEORIA, IL, 61607

  Registry ID: 110000612212

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3005E — Res Conserv & Rec Act
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• KEYSTONE CONSOLIDATEDentered 1988-06-29

  Primary law: RCRA

  Federal penalty: $280,000

Timeline (8 milestones)

• 1985-05-01Enforcement Action Data Entered
• 1986-03-10Referred To Headquarters
• 1986-04-23Referred To Dept Of Justice
• 1986-07-18Complaint Filed With Court
• 1988-06-29Final Order Lodged
• 1988-06-29Final Order Entered
• 1988-06-29Concluded
• 1990-06-28Enforcement Action Closed