EPA v. HITCO, INC.

Case summary

U.S. EPA HAS HELD ONE INFORMAL SETTLEMENT CONFERENCE WITH OWENS-CORNING FIBERGLAS CORPORATION, THE NEW OWNER OF APPLIED COMPOSITES. THE MAIN ISSUE IN THIS MATTER IS THE STEPS THE FACILITY MUST TAKE TO VOLUNTARILY TERMINATE ITS PERMIT. THIS ISSUE IS CURRENTLY UNDER CONSIDERATION BY U.S. EPA. 1. LEGAL BASIS FOR PROPOSED ACTION: SECTION 3004, 3005, AND 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF AS AMENDED, 42 USC SECTION 6901 ET SEG. 2. IDENTITY OF DEFENDANTS: APPLIED COMPOSITES, A HITCO DIVISION, 33 NORTH SIXTH STREET, ST. CHARLES, IL. HITCO INC. 1221 E. DYER, SANTA ANA, CALIFORNIA. 3. ALLEGED VIOLATIONS: DEFENDANT HAS STORED HAZARDOUS WASTE IN AN UNPERMITTED CONTAINER STORAGE AREA, HAS ACCEPTED HAZARDOUS WASTE WITHOUT AN ACCOMPANING UNIFORM HAZARDOUS WASTE MANIFEST, HAS STORED HAZARDOUS WASTE WITHOUT NOTIFY- ING THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ILLINOIS (IEPA) OR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) IN VIOLATION OF THE AUGUST 15, 1986, ADMINISTRA- TIVE ORDER, HAS THERMALLY TREATED WASTE RESIN (D001) IN TWO UNPERMITTED UNITS AND HAS FAILED TO AMEND THE CLOSURE PLAN TO REFLECT THE THERMAL TREATMENT OF WASTE. 4. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PROHIBIT DEFENDANT FROM VIOLATING ITS HAZARDOUS WASTE MANAGE MENT PERMIT, THE ORDER AND RCRA GENERATOR REGULATIONS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE AS- SESSED PURSUANT TO RCRA SECTION 3008(C) AND (G). 5. RECENT CONTACTS WITH DEFENDANT: ON JULY 9, 1987, THE IEPA VISITED THE DEFENDANT'S FACILITY AND OBSERVED DEFENDANT STORING HAZARDOUS WASTE IN VIOLATION OF ITS PERMIT AND THE ORDER. IT WAS ALSO DETERMINED THAT DEFENDANT HAD BEEN OPERA TING AN UNAUTHORIZED HAZARDOUS WASTE THERMAL TREATMENT UNIT. FURTHERMORE, INFORMATION FROM THE INDIANA DEPARTMENT OF EN- VIRONMENTAL MANAGEMENT (IDEM) ESTABLISHED THAT DEFENDANT WAS RECEIVING UNMANIFESTED HAZARDOUS WASTE FORM OFFSITE AND STOR ING IT IN VIOLATION OF ITS PERMIT, THE ORDER, AND THE RCRA REGULATTIONS. 6. SIGNIFICANCE OF REFERRAL: U.S. EPA CONSIDERS DEFENDAT'S NONCOMPLIANCE WITH A HAZARDOUS WASTE PERMIT, A FINAL AGENCY ORDER AND THE STORAGE AND TREATMENT REGULATIONS TO BE SERI- OUS OFFENSES. THE FILING OF A CIVIL ACTION ENJOINING DEFEND ANT FROM FURTHER VIOLATIONS OF THE ORDER, PERMIT AND REGULA- TIONS WILL SERVE AS A SPECIFIC DETERRENT TO APPLIED COMPO- SITES, INC. AND AS A GENERAL DETERRENT TO THE REGULATED COM- MUNITY AT LARGE. 7. EVIDENCE OF VIOLATIONS: EVIDENCE CONSISTS OF TESTIMONY AND AFFIDAVITS OF IEPA, U.S. EPA AND IDEM OFFICIALS, WASTE TRANSPORT ORDERS, AND DEFENDANT'S RESPONSE TO A SECTION 3007 (A) INFORMATION REQUEST. 8. DATE REFERRAL REQUEST APPEARED NECESSARY: THIS REFERRAL REQUEST APPEARED NECESSARY AFTER INFORMMATION WAS RECEIVED FROM IDEM AND THE JULY 9, 1987, INSPECTION OF THE SITE IDEN- TIFIED VIOLATIONS OF THE ORDER, THE HAZARDOUS WASTE MANAGE- MENT PERMIT AND RCRA GENERATOR REGULATIONS. THIS MATTER WAS WAS FORMALLY REFERRED FROM IEPA TO U.S. EPA ON DECEMBER 23, 1987. ADMIN CONTACTS: JANE LUPTON, ATTY. 6-6731 AND R. LILLICH, ENGINEER 6-4460. RE: 09/29/88 REFERRAL. LEGAL BASIS FOR PROPOSED ACTION: SECT 3004, 3005 AND 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 42 USC S6901 ET SEQ. IDENTITY OF DEFENDANTS: APPLIED COMPOSITES, A HITCO DIV., 333 N. SIXTH ST., ST. CHARLES, IL. HITCO (INC.) 1221 E. DYER, SANTA ANA, CA. ALLEGED VIOLATIONS:

Defendants (2)

• APPLIED COMPOSITESNamed in complaintNamed in settlement
• HITCO, INC.Named in complaintNamed in settlement

Facilities (1)

• APPLIED COMPOSITIES CORPORATION

  333 N. SIXTH ST., ST CHARLES, IL, 60174

  Registry ID: 110000431710

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• HITCO, INC.entered 1990-05-15

  Primary law: RCRA

  Federal penalty: $126,000

Timeline (6 milestones)

• 1988-09-29Referred To Dept Of Justice
• 1989-02-01Complaint Filed With Court
• 1990-05-15Final Order Entered
• 1990-05-15Concluded
• 1990-05-15Final Order Lodged
• 1994-01-01Enforcement Action Closed