EPA v. PRODUCTION PLATED PLASTICS

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: PRODUCTION PLATED PLASTICS, INC., (DEFENDANT), 9899 EAST D AVENUE, RICHLAND, MICHIGAN, 49083. ALLEGED VIOLATIONS: DEFENDANT CONTINUES TO STORE AND DISPOSE OF HAZARDOUS WASTE IN TWO LAND DISPOSAL UNITS AT ITS RICHLAND, MICHIGAN, FACILITY WITHOUT MAINTAINING INTERIM STATUS OR OBTAINING A RCRA PERMIT. DEFENDANT LOST INTERIM STATUS BECAUSE IT FAILED TO CERTIFY BY NOVEMBER 8, 1985, THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICA- BLE FINANCIAL RESPONSIBILITY REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2) OF RCRA. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PROHIBIT DEFENDANT FROM STORING OR DISPOSING OF HAZARDOUS WASTE IN LAND DISPOSAL UNITS AT ITS FACILITY, AND WHICH WOULD REQUIRE DEFENDANT TO CLOSE ITS ON-SITE LAND DISPOSAL UNITS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: ON MAY 14, 1986, THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY VISITED AT THE DEFENDANT'S FACILITY, AND OBSERVED DEFENDANT STORING HAZARDOUS WASTE IN ITS ON-SITE WASTE PILE, AND TREATING AND STORING HAZARDOUS WASTES IN ITS ON-SITE SURFACE IMPOUNDMENTS. SIGNIFICANCE OF REFERRAL: THE FILING OF A CIVIL ACTION TO ENJOIN DEFENDANT FROM OPERATING ITS LAND DISPOSAL UNITS IS PART OF A NATIONAL INITIATIVE TO ENFORCE THE LOSS OF INTERIM STATUS (LOIS) PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. EVIDENCE OF VIOLATIONS: DEFENDANT'S PERMIT APPLICATIONS, CERTIFICATION LETTER AND RESPONSE TO INFORMATION REQUEST; TESTIMONY OF STATE AND FEDERAL OFFICIALS. DATE REFERRAL REQUEST APPEARED NECESSARY: THIS REFERRAL REQUEST APPEARED NECESSARY AFTER A MAY 14, 1986, VISIT TO THE SITE BY STATE AND FEDERAL OFFICIALS CONFIRMED CONTINU- OPERATION OF DEFENDANT'S LAND DISPOSAL UNITS. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 30, 1986. 0

Defendants (1)

• PRODUCTION PLATED PLASTICSNamed in complaintNamed in settlement

Facilities (1)

• PRODUCTION PLATED PLASTICS INCORPORATED

  9899 EAST D AVE, RICHLAND, MI, 49083

  Registry ID: 110042072066

Statutes cited

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

Enforcement conclusions (1)

• PRODUCTION PLATED PLASTICentered 1992-09-15

  Primary law: RCRA

  Federal penalty: $750,000 · State/local: $750,000

Timeline (9 milestones)

• 1986-04-09Enforcement Action Data Entered
• 1986-06-30Referred To Headquarters
• 1986-08-15Referred To Dept Of Justice
• 1987-03-20Referred TO U.S. Attorney
• 1987-03-31Complaint Filed With Court
• 1992-09-15Final Order Lodged
• 1992-09-15Final Order Entered
• 1992-09-15Concluded
• 1996-10-29Enforcement Action Closed