EPA v. ALLEGAN METAL FINISHING CO

Case summary

LEGAL BASIS FOR PROPOSED ACTION SECTION 3005 AND 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 42 U.S.C. SECTION 6901 ET. SEQ. IDENTITY OF DEFENDANT ALLEGAN METAL FINISHING COMPANY (AMFCO), 1274 LINCOLN ROAD, ALLEGAN, MICHIGAN 49010. ALLEGED VIOLATIONS AMFCO HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE STORAGE FACILITY WITHOUT OBTAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. PURSUANT TO AN ADMINISTRA- TIVE ACTION FILED AGAINST AMFCO, AMFCO ENTERED INTO A CON- SENT AGREEMENT AND FINAL ORDER (CAFO) IN WHICH IT AGREED TO DISCONTINUE DISPOSING OF ITS HAZARDOUS WASTES ON-SITE AND TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. HOWEVER, DESPITE THIS CAFO, AMFCO CONTINUED TO DISPOSE OF ITS HAZARDOUS WASTES IN ON-SITE SURFACE IMPOUNDMENTS. PROPOSED RELIEF A PRELIMINARY INJUNCTION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT AMFCO FROM TREATING, STORING, OR DIS- POSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE AMFCO TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. IN ADDI- TION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST AMFCO IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT AMFCO HAS RECENTLY INFORMED U.S. EPA THAT IT HAS BEEN APPROVED FOR A LOAN WHICH WOULD PROVIDE AMFCO WITH THE FUNDS NECESSARY TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS AND TO UPDATE ITS EQUIPMENT SO THAT IT WILL NO LONGER BE NECESSARY FOR AMFCO TO DISPOSE OF ITS HAZARDOUS WASTES ON-SITE. SIGNIFICANCE OF REFERRAL THE FILING OF A CIVIL ACTION TO ENJOIN AMFCO FROM OPERATING WILL SEND A CLEAR SIGNAL TO THE REGULATED COMMUNI- TY THAT THE EPA DEMANDS COMPLIANCE WITH ITS PERMITTING SYSTEM AND ADMINISTRATIVE ORDERS IN RECOGNITION OF THE DISASTROUS EFFECT WHICH NON-COMPLIANCE BY GENERATORS AND OPERATORS HAS ON THE ENVIRONMENT AND PUBLIC HEALTH. EVIDENCE OF VIOLATIONS THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES CONDUCTED INSPECTIONS OF THE FACILITY ON MAY 17, 1984 AND APRIL 24, 1985. DATE REFERRAL REQUEST APPEARED NECESSARY DEFENDANT CAME INTO VIOLATION OF THE CAFO ON AUGUST 12, 1985. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST MARCH 26, 1986 OTHER SIGNIFICANT ASPECTS OF CASE AMFCO VIOLATED THE TERMS OF THE CAFO AGREEMENT BECAUSE IT NEEDED A LOAN TO FUND ITS CLOSURE AND TO BUY EQUIPMENT NECESSARY TO ALLOW AMFCO TO OPERATE WITHOUT THE USE OF ITS ON-SITE SURFACE IMPOUNDMENTS. AMFCO HAS JUST RECENTLY IN- FORMED U.S. EPA THAT ITS LOAN TO DO THIS HAS BEEN APPROVED. IDENTITY OF LEAD REGIONAL PERSONNEL ROBERT LEININGER, ASSISTANT REGIONAL COUNSEL CONNIE PUCHALSKI, ASSISTANT REGIONAL COUNSEL JOE BAKER, HYDROLOGIST

Defendants (1)

• ALLEGAN METAL FINISHING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ALLEGAN METAL FINISHING CO.

  1274 LINCOLN RD., ALLEGAN, MI, 49010

  Registry ID: 110000408844

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• ALLEGAN METAL FINISHING CO.entered 1989-08-01

  Primary law: RCRA

  Federal penalty: $43,000

Timeline (7 milestones)

• 1986-03-24Referred To Headquarters
• 1986-05-12Referred To Dept Of Justice
• 1986-10-30Complaint Filed With Court
• 1989-08-01Final Order Lodged
• 1989-08-01Final Order Entered
• 1989-08-01Concluded
• 1997-12-16Enforcement Action Closed