EPA v. CONTINENTAL STEEL CORP

Case summary

LEGAL BASIS FOR PROPOSED ACTION SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED 42 U.S.C. SECTION 6901 ET. SEQ. IDENTITY OF DEFENDANT CONTINENTAL STEEL CORPORATION, 1111 MAIN STREET, KOKOMO, INDIANA 46902. ALLEGED VIOLATIONS FROM NOVEMBER 9, 1985 TO THE PRESENT, CONTINENTAL STEEL CORPORATION (CSC) DISPOSED OF HAZARDOUS WASTE AT ITS FACILI- TY WITHOUT A PERMITOR INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF RCRA. THE INTERIM STATUS OF CSC TERMI- NATED BY OPERATION OF LAW ON NOVEMBER 9, 1985 BECAUSE CSC DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE FINANCIAL RESPONSIBILITY REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2). IN ADDITION, CSC DID NOT SUBMIT A CLOSURE PLAN BY NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 C.F.R. 265.112(C). PROPOSED RELIEF THE AGENCY SEEKS A PRELIMINARY INJUNCTION AND A PER- MANENT INJUNCTION WHICH WOULD PROHIBIT CSC FROM DISPOSING OF ANY WASTE AT ITS FACILITY AND WOULD REQUIRE CSC TO CLOSE ITS TWO ON-SITE SURFACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST CSC IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT ON FEBRUARY 13, 1986 REPRESENTATIVES OF U.S. EPA MET WITH REPRESENTATIVES OF CONTINENTAL STEEL TO DISCUSS THE FAILURE OF CONTINENTAL STEEL CORPORATION TO CERTIFY COM- PLIANCE WITH LIABILITY REQUIREMENTS UNDER RCRA. AT THIS MEETING REPRESENTATIVES OF CONTINENTAL STEEL CONCEDED THAT CONTINENTAL STEEL CONTINUES TO TREAT, STORE, AND DISPOSE OF HAZARDOUS WASTE IN ITS ON-SITE SURFACE IMPOUNDMENT WITHOUT HAVING LIABILITY INSURANCE. HOWEVER, REPRESENTATIVES OF CONTINENTAL STEEL CORPORATION MAINTAIN THAT CONTINENTAL STEEL CORPORATION HAS BEEN ACTIVELY SEEKING TO OBTAIN LIA- BILITY INSURANCE BUT HAS BEEN UNABLE TO DO SO. SIGNIFICANT ISSUES PRESENTED SEEKING JUDICIAL ENFORCEMENT AGAINST CSC IS IN ACCORD WITH THE AGENCY STRATEGY ISSUED ON OCTOBER 16, 1985 TO IMPLEMENT SECTION 3005(E)(2). CSC HAS CONTINUED TO OPERATE EVEN THOUGH IT HAS LOST INTERIM STATUS AND DOES NOT HAVE A RCRA PERMIT. EVIDENCE OF VIOLATIONS REPRESENTATIVES OF U.S. EPA HAD CONVERSATIONS WITH CSC OFFICIALS WHO INDICATED THAT CSC CONTINUED TO TREAT, STORE, AND DISPOSE OF HAZARDOUS WASTE ON-SITE AFTER NOVEMBER 8, 1985. DATE REFERRAL REQUEST APPEARED NECESSARY CSC CAME INTO VIOLATION OF RCRA ON NOVEMBER 8, 1985 WHEN CSC FAILED TO CERTIFY COMPLIANCE WITH FINANCIAL RESPON- SIBILITY REQUIREMENTS CONTAINED IN SECTION 3005(E)(2) OF RCRA. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST MARCH , 1986. OTHER SIGNIFICANT ASPECTS OF CASE CSC FILED A PETITION FOR REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY ACT. THE PETITION WAS FILED ON NOVEM- BER 25, 1985 IN THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF INDIANA. ON FEBRUARY 25, 1986 CSC CONVERTED ITS CHAPTER 11 PETITION TO A CHAPTER 7 BANKRUPTCY PETITION. IDENTITY OF LEAD REGIONAL PERSONNEL ROBERT E. LEININGER, OFFICE OF REGIONAL COUNSEL CONNIE PUCHALSKI, OFFICE OF REGIONAL COUNSEL ZETTA THOMAS, ENVIRONMENTAL PR

Defendants (1)

• CONTINENTAL STEEL CORPNamed in complaint

Facilities (1)

• CONTINENTAL STEELL CORPORATION

  1111 SOUTH MAIN STREET, KOKOMO, IN, 46901

  Registry ID: 110001351242

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Timeline (4 milestones)

• 1986-03-26Referred To Headquarters
• 1986-05-12Referred To Dept Of Justice
• 1986-07-09Complaint Filed With Court
• 1988-04-20Concluded