EPA v. LACKS INDUSTRIES

Case summary

FIVE LAGOONS AT FACILITY HAVE STORED HAZARDOUS WASTE SINCE 1976. LACKS HAS CONTINUALLY DENIED APPLICABILITY OF RCRA TO THE LAGOONS, EVEN THOUGH REGS, GUIDANCE AND THEIR OWN ADMIS- SIONS DEMONSTRATE RCRA'S GOVERNANCE. 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: LACKS INDUSTRIES, INCORPORATED, 5460 CASCADE ROAD, S.E., GRAND RAPIDS, MICHIGAN 49506 (OFFICE) AND 6138 RIVERSIDE, SARANAC, MICHIGAN (FACILITY). ALLEGED VIOLATIONS: LACKS HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE STORAGE FACILITY WITHOUT OB- TAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. FOR THE PAST 6 YEARS, LACKS HAS REPEATEDLY DISREGARDED RE- QUESTS AND ORDERS OF THE STATE AND FEDERAL GOVERNMENT TO DISCONTINUE STORAGE OF HAZARDOUS WASTE IN ITS ON-SITE SUR- FACE IMPOUNDMENTS. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PRO- HIBIT LACKS FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE LACKS TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST LACKS IN THE AMOUNT OF UP TO $25,000 PER DAY, PURSUANT TO RCRA SEC- TION 3008(G). RECENT CONTACTS WITH DEFENDANT: U.S. EPA FILED A RCRA SECTION 3008(A) ADMINISTRATIVE ACTION AGAINST LACKS ON JUNE 28, 1985. REPEATED ATTEMPTS AT SETTLEMENT HAVE BEEN UNPRODUCTIVE, AND AN ADMINISTRATIVE HEARING IS PRESENTLY SET FOR OCTOVER 7-10 IN THIS MATTER. ALSO, ON JANUARY 21, 1986, LACKS AGREED TO SUBMIT TO U.S. EPA A CLOSURE PLAN FOR THE FACILITY WITHIN 30 DAYS, AND AGREED TO CONTACT U.S. EPA REGARDING A GROUNDWATER MONITORING PLAN. HOWEVER, LACKS HAS NEITHER SUBMITTED A CLOSURE PLAN NOR CONTACTED U.S. EPA REGARDING A GROUNDWATER MONITORING PLAN. IN APRIL 1986, COUNSEL FOR LACKS NOTIFIED U.S. EPA THAT LACKS HAD NOT DE- CIDED WHETHER LACKS WAS GOING TO SUBMIT SUCH PLANS. UPON FILING A CIVIL JUDICIAL ACTION, U.S. EPA WILL DISMISS THE ADMINISTRATIVE ACTIONS. SIGNIFICANCE OF REFERRAL: THE FILING OF A CIVIL ACTION TO ENJOIN LACKS FROM OPERATING WILL SEND CLEAR SIGNAL TO THE REGULATED COMMUNITY THAT U.S. EPA DEMANDS COMPLIANCE WITH ITS PERMITTING SYSTEM. MOREOVER, THE FILING OF A CIVIL ACTION WILL DEMONSTRATE TO THE REGULATED COMMUNITY THAT CONTINUED UNJUSTIFIABLE INTRANSIGENCE AND NONCOOPERATION WILL NOT BENEFIT A VIOLATOR ECONOMICALLY, AND ALSO WILL LEAD TO ESCALATED, AGGRESSIVE ENFORCEMENT OF U.S. EPA'S REGU- LATORY PROGRAM. EVIDENCE OF VIOLATIONS: THE MICHIGAN DEPARTMENT OF NATUR- AL RESOURCES CONDUCTED INSPECTIONS OF THE FACILITY ON MAY 30, 1984, MARCH 12, 1985, AND MARCH 19, 1985. ALSO, U.S. EPA RECORD KEEPERS CAN TESTIFY THAT LACKS FAILED TO COMPLY WITH APPLICABLE RCRA PERMITTING REQUIREMENTS. DATE REFERRAL REQUEST APPEARED NECESSARY: DEFENDANT VIOLATED RCRA'S INTERIM STATUS PROVISIONS ON NOVEMBER 8, 1985 AND NOVEMBER 23, 1985. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: 6/23/ 86. OTHER SIGNIFICANT ASPECTS OF THIS CASE: FROM 1981-1985, LACKS CONTENDED THAT RCRA DID NOT APPLY TO THE WASTE IN ITS SURFACE IMPOUNDMENTS BECAUSE THE WASTE HAD BEEN DISPOSED IN THE IMPOUNDMENTS BEFORE THE EFFECTIVE DATE OF RCRA. BOTH IN INFORMAL NEGOTIATIONS AND IN A FORMAL RESPONSE TO A DISCOVERY REQUEST, LACKS REPEATEDLY DENIED PLACING ANY WASTE IN THE SURFACE IMPOUNDMENTS AFTER OCTOBER 1980. THOSE STATEMENTS PROVED TO BE FALSE. U.S. EPA HAS OBTAINED A CON- FIDENTIAL OPERATING LOG FOR LACKS'

Defendants (2)

• LACKS INDUSTRIES, INCNamed in complaintNamed in settlement
• LACKS INDUSTRIES, INC. IINamed in complaintNamed in settlement

Facilities (2)

• LACKS INDUSTRIES INCORPORATED

  6138 RIVERSIDE DRIVE, SARANAC, MI, 48881

  Registry ID: 110000614425

• LACKS INDUSTRIES INCORPORATED

  6138 RIVERSIDE DRIVE, SARANAC, MI, 48881

  Registry ID: 110000614425

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (2)

• LACKS INDUSTRIESentered 1990-06-22

  Primary law: RCRA

  Federal penalty: $250,000

• LACKS INDUSTRIESentered 1995-09-05

  Primary law: RCRA

Timeline (6 milestones)

• 1986-06-23Referred To Headquarters
• 1986-08-15Referred To Dept Of Justice
• 1987-05-11Complaint Filed With Court
• 1995-09-05Concluded
• 1995-09-05Final Order Lodged
• 1995-09-05Final Order Entered