EPA v. DAELYTE SERVICE CO.

Case summary

DAELYTE SERVICE COMPANY USED TO INCLUDE PAINTING AS PART OF THEIR BUSINESS. THEY HAVE 21 DRUMS OF SPENT SOLVENT WHICH IS STORED AT THE SITE IN VIOLATION OF RCRA AS WELL AS 200 PAILS OF USED PAINT. THIS WAS A REFERRAL FOR ENFORCEMENT OF A DEFAULT ORDER WHICH HAD BEEN VIOLATED RCRA SECTION 3008C GOVERNS VIOLA- TION OF ADMINISTRATIVE ORDERS. THE ADMINISTRATIVE ORDER BEING ENFORCED HAD BEEN ISSUED PURSUANT TO RCRA SECTION 3008A FOR VIOLATION OF RCRA SECTION 3010, 3002, AND 3004 AND HAD SOUGHT A PENALTY UNDER RCRA 3008A & G. ************************************************************ ************ THIS REFERRAL RECOMMENDS ENFORCEMENT OF AN ORDER OF DEFAULT JUDGMENT ENTERED IN U.S. V. DAELYTE SERVICE COMPANY, CIVIL ACTION #. 88-75-049-DT. THE U.S'S ACTION WOULD SEEK AN ORDER OF CONTEMPT, APPOINTMENT OF THE U.S. MARSHALL TO PROVIDE EPA ACCESS TO THE SITE UNDER THE COURT'S ORDER OF DEFAULT JUDGMENT, AND A WRIT OF EXECUTION AGIANST DAELYTE. THIS RELEIEF WOULD ACHIEVE COMPLIANCE WITH THE ORDER'S PROVISION GRANTING EPA ACCESS TO DAILYTE'S FACILITY; COMPLIANCE WITH ADM COMPLIANCE ORDER AND APPLICABLE MICHIGAN REGULATIONS; PAYMENT OF A CIVIL PENALTY OF $3,2000 PLUS INTEREST FROM 9/12/87; PAYMENT OF A CIVIL PENALTY OF $50,000 FOR FAILURE TO COMPLY WITH THE ADMINISTRATIVE COMPLAINCE ORDER; AND PAYMENT OF A CIVIL PENALTY OF $100/DAY FOR EACH DAY OF CONTINUED VIOLATIO OF THE COMPLAINCE ORDER SINCE ENTRY OF DEFAULT BY THE CLERK OF THE COURT UNTIL DEFENDANT COMPLIES WITH THE COMPLIANCE ORDER. THIS CASE WAS PREVIOUSLY REFERRED TO THE DOJ IN 1988 FOR JUDICIAL ENFORMCEMNT OF THE FINAL AGENCY ORDER.

Defendants (1)

• DAELYTE SERVICE CONamed in complaintNamed in settlement

Facilities (1)

• DAELYTE SERVICE CO

  1356 MT ELLIOTT, DETROIT, MI, 48207

  Registry ID: 110003584657

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3008C — Violation of Compliance Order

Enforcement conclusions (1)

• DAELYTE SERVICE CO.entered 1990-08-24

  Primary law: RCRA

  Federal penalty: $50,000

Timeline (6 milestones)

• 1988-06-29Referred To Dept Of Justice
• 1988-12-27Complaint Filed With Court
• 1990-08-24Final Order Lodged
• 1990-08-24Final Order Entered
• 1990-08-24Concluded
• 1994-08-12Enforcement Action Closed