EPA v. KURDZIEL IRON INDUSTRIES, INC

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: KURDZIEL IRON INDUSTRIES, INC., 2625 WINSTON ROAD, ROTHBURY, MICHIGAN 49452. ALLEGED VIOLATIONS: KURDZIEL HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE TREATMENT, STORAGE, AND DIS- POSAL FACILITY WITHOUT OBTAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. KURDZIEL DID NOT ACHIEVE INTERIM STATUS BECAUSE KURDZIEL DID NOT FILE A PART A PERMIT APPLI- CATION BY NOVEMBER 19, 1980. IN ADDITION, KURDZIEL FAILED TO FILE A PART B PERMIT APPLICATION AND FAILED TO CERTIFY BY NOVEMBER 9, 1985 THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPON- SIBILITY REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2) OF RCRA. PROPOSED RELIEF: A PRELIMINARY INJUNCTION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT KURDZIEL FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE KURDZIEL TO CLOSE ITS ON-SITE TREATMENT, STOR- AGE AND DISPOSAL UNITS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST KURDZIEL IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: ON NOVEMBER 1, 1985 THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) CONDUCTED A RCRA INSPECTION AT THE KURDZIEL FACILITY. AT THIS INSPEC- TION, MDNR FOUND THAT KURDZIEL WAS TREATING HAZARDOUS WASTE IN AN ON-SITE WASTE PILE, AND DISPOSING OF HAZARDOUS WASTES IN AN ON-SITE LANDFILL AND IN ON-SITE SURFACE IMPOUNDMENTS. SIGNIFICANCE OF REFERRAL: THE FILING OF A CIVIL ACTION TO ENJOIN KURDZIEL FROM OPERATING WILL SEND A CLEAR SIGNAL TO THE REGULATED COMMUNITY THAT THE EPA DEMANDS COMPLIANCE WITH ITS PERMITTING SYSTEM IN RECOGNITION OF THE DISASTROUS EFFECT WHICH NONCOMPLIANCE BY GENERATORS AND OPERATORS HAS ON THE ENVIRONMENT AND PUBLIC HEALTH. EVIDENCE OF VIOLATIONS: THE MICHIGAN DEPARTMENT OF NATUR- AL RESOURCES NOVEMBER 1, 1985 INSPECTION REPORT, KURDZIEL'S GENERATOR BIENNIAL HAZARDOUS WASTE REPORT FOR 1983, AND KURDZIEL'S NOTIFICATION OF HAZARDOUS WASTE ACTIVITY SUBMIT- TED TO U.S. EPA ON AUGUST 15, 1980. DATE REFERRAL REQUEST APPEARED NECESSARY: THIS REFERRAL REQUEST APPEARED NECESSARY AFTER THE MDNR'S NOVEMBER 1, 1985 INSPECTION OF THE KURDZIEL FACILITY. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 17, 1986. OTHER SIGNIFICANT ASPECTS OF CASE: IT IS KURDZIEL'S POSITION THAT AFTER KURDZIEL TREATS ITS HAZARDOUS WASTE IN AN ON-SITE WASTE PILE, THE MATERIAL AFTER TREATMENT BECOMES NONHAZARDOUS. HOWEVER, WHILE KURDZIEL MAINTAINS THAT THIS WASTE (WHICH IS DISPOSED OF IN AN ON-SITE LANDFILL) IS NON- HAZARDOUS, KURDZIEL HAS FAILED TO PROVIDE MDNR OR U.S. EPA AN ANALYSIS WHICH PROVES THAT THE MATERIAL BEING DISPOSED OF ON-SITE IN THE LANDFILL IS NONHAZARDOUS. |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| KURDZIEL IRON INDUSTRIES, INC., A FACILITY FOR THE TREATMENT STORAGE OR DISPOSAL OF HAZARDOUS WASTE PURSUANT TO THE RCRA 42 U.S.C. SECTION 6901, ET SEQ., HAS VIOLATED CONIDITIONS OF A CONSENT DECREE ENTERED IN 07/87. IN PARTICULAR, THE FACI- LITY FAILED A) TO SUBMIT A TIMELY, APPROVABLE GROUNDWATER MONITORING PLAN(GMP) AND, B) TO SUBMIT REGULAR NOTIFICATIONS OF GOOD FAITH EFFORTS TO SATISFY THE FINANCIAL REQUIREMENTS FOR LIABILITY COVERAGE FOR SUDDEN AND NONSUDDEN ACCIDENTAL OCCURRENCES EVERY 90 DAYS AS REQUIRED BY THE CONSENT DECREE.

Defendants (2)

• KURDZIEL IRON IND INCNamed in complaintNamed in settlement
• KURDZIEL IRON IND INC IINamed in complaintNamed in settlement

Facilities (1)

• KURDZIEL IRON OF ROTHBURY

  2625 WEST WINSTON ROAD, ROTHBURY, MI, 49452

  Registry ID: 110000411064

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (2)

• KURDZIELentered 1994-03-24

  Primary law: RCRA

• KURDZIEL IRON INDUSTRIES, INCentered 1987-07-07

  Primary law: RCRA

  Federal penalty: $82,034

Timeline (7 milestones)

• 1986-06-17Referred To Headquarters
• 1987-03-24Referred To Dept Of Justice
• 1987-05-05Complaint Filed With Court
• 1994-03-24Final Order Lodged
• 1994-03-24Final Order Entered
• 1994-03-24Concluded
• 1994-03-24Enforcement Action Closed