EPA v. DU-WEL HARTFORD, 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 DEFENDANTS: DU-WEL HARTFORD INC., 520 HEYWOOD STREET, HARTFORD, MICHIGAN (FACILITY) AND DU-WEL PRODUCTS, INC., 48 CEMETERY ROAD, BANGOR, MICHIGAN (PARENT). ALLEGED VIOLATIONS: THE FACILITY HAS OPERATED AND CON- TINUES TO OPERATE A HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY AFTER LOSING INTERIM STATUS ON NOVEMBER 8, 1985. ON OCTOBER 31, 1985 THE PRESIDENT OF THE PARENT CERTIFIED FALSELY THAT THE FACILITY WAS IN COMPLIANCE WITH THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF 40 CFR 265 SUBPART H. AT THAT TIME THE FACILITY DID NOT MAINTAIN LIABILITY COVERAGE FOR SUDDEN AND NONSUDDEN OCCURRENCES AS REQUIRED BY THESE REGULATIONS. PROPOSED RELIEF: A PRELIMINARY INJUNCTION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT THE FACILITY FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT THE FACILITY AND WHICH WOULD REQUIRE DU-WEL HARTFORD TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST THE FACILITY AND THE PARENT IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANTS: IN FEBRUARY 1985, THE FACILITY SUBMITTED A PART B APPLICATION. ON OCTOBER 31, 1986, THE DEFENDANTS SUBMITTED CERTIFICATION THAT THE FACILITY IS IN COMPLIANCE WITH RCRA'S FINANCIAL ASSURANCE REQUIREMENTS. ON JANUARY 20, 1986, DU-WEL HARTFORD INC. SUBMITTED A CLOSURE PLAN BUT HAD NOT DETERMINED WHICH AREAS OF THE FACILITY WOULD BE CLOSED. ON JUNE 2, 1986, U.S. EPA CONTACTED THE FACILITY AND WAS INFORMED THAT IT DOES NOT HAVE LIABILITY COVERAGE AND DID NOT HAVE SUCH COVERAGE AT THE TIME OF CERTIFICATION. SIGNIFICANCE OF REFERRAL: THE FILING OF A CIVIL ACTION TO ENJOIN THE FACILITY FROM OPERATING WILL SEND A CLEAR 1985 AND NOVEMBER 23, 1985. ON JUNE 2, 1986, U.S. EPA CONFIRMED THAT THE FACILITY DID NOT MAINTAIN LIABILITY COVERAGE. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 30, 1986. OTHER SIGNIFICANT ASPECTS OF THIS CASE: THE FACILITY MAINTAINED LIABILITY INSURANCE FOR SUDDEN OCCURENCES UNTIL ITS INSURANCE COMPANY REFUSED TO RENEW COVERAGE PRIOR TO NOVEMBER 1, 1985. THE FACILITY WAS NEVER ABLE TO OBTAIN LIABILITY COVERAGE FOR NONSUDDEN OCCURRENCES.

Defendants (2)

• DU-WEL HARTFORD INCNamed in complaintNamed in settlement
• DU-WEL PRODUCTS INC

Facilities (1)

• DU WEL HARTFORD INCORPORATED

  520 HEYWOOD ST, HARTFORD, MI, 49057

  Registry ID: 110000738685

Statutes cited

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

Enforcement conclusions (1)

• DU-WEL HARTFORD, INC.entered 1988-04-18

  Primary law: RCRA

  Federal penalty: $21,402

Timeline (7 milestones)

• 1986-06-27Referred To Headquarters
• 1986-08-07Referred To Dept Of Justice
• 1986-11-19Complaint Filed With Court
• 1988-04-18Final Order Lodged
• 1988-04-18Final Order Entered
• 1988-04-18Concluded
• 1993-02-22Enforcement Action Closed