EPA v. REILLY TAR & CHEMICAL CORP.

Case summary

LEGAL BASIS FOR PROPOSED ACTION: SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 49 U.S.C. SECTION 6901 ET. SEQ. IDENTITY OF DEFENDANT: REILLY TAR & CHEMICAL CORPORATION, 1510 MARKET SQUARE CENTER, INDIANAPOLIS, INDIANA 46204. ALLEGED VIOLATIONS: FROM NOVEMBER 9, 1985 TO THE PRESENT, REILLY TAR & CHEMICAL CORPORATION (REILLY) STORED AND/OR DISPOSED OF HAZARDOUS WASTE AT ITS FACILITY WITHOUT A PERMIT OR INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF RCRA. THE INTERIM STATUS OF REILLY TERMINATED BY OPERATION OF LAW ON NOVEMBER 9, 1985 BECAUSE REILLY DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE FINANCIAL RESPONSIBILITY AND GROUNDWATER REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2). IN ADDITION, REILLY DID NOT SUBMIT A CLOSURE PLAN BY NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 C.F.R. 265.112(C). PROPOSED RELIEF: THE AGENCY SEEKS A PRELIMINARY INJUNC- TION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT REILLY FROM STORING OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WOULD REQUIRE REILLY TO CLOSE ITS WASTE PILE. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST REILLY IN THE AMOUNT OF UP TO $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: THE MOST RECENT DIRECT CONTACT WITH REILLY WAS THE APRIL 8, 1986 ON-SITE INSPECTION BY OHIO EPA. ON APRIL 11, 1985 REILLY SUBMITTED A REVISED PART A APPLICATION TO U.S. EPA CHANGING ITS DESIGNATION OF THE STORAGE AREA FROM A WASTE PILE TO A TANK. U.S. EPA DISAGREES WITH SUCH CHANGE. SIGNIFICANT ISSUES PRESENTED: SEEKING JUDICIAL ENFORCE- MENT AGAINST REILLY IS IN ACCORD WITH THE AGENCY STRATEGY ISSUED ON OCTOBER 16, 1985 TO IMPLEMENT SECTION 3005(E)(2). REILLY HAS CONTINUED TO OPERATE EVEN THOUGH IT HAS LOST INTERIM STATUS AND DOES NOT HAVE A RECRA PERMIT. REILLY CONTENDS THAT ITS WASTE PILE IS A TANK AND THAT THE FACILITY DOES NOT TREAT, STORE OR DISPOSE OF HAZARDOUS WASTE FOR OVER 90 DAYS. EVIDENCE OF VIOLATIONS: REPRESENTATIVES OF THE OHIO EPA INSPECTED THE FACILITY ON APRIL 8, 1986 AND CONFIRMED THAT REILLY CONTINUED TO STORE AND/OR DISPOSE OF HAZARDOUS WASTE ON-SITE AFTER NOVEMBER 8, 1985. DATE REFERRAL REQUEST APPEARED NECESSARY: REILLY CAME INTO VIOLATION OF RCRA ON NOVEMBER 8, 1985 WHEN IT FAILED TO CERTIFY COMPLIANCE WITH FINANCIAL RESPONSIBILITY AND GROUND- WATER REQUIREMENTS CONTAINED IN SECTION 3005(E)(2) OF RCRA.

Defendants (1)

• REILLY TAR & CHEMICAL CORPNamed in complaint

Facilities (1)

• REILLY TAR & CHEMICAL CORP

  1510 MARKET SQUARE CTR, INDIANAPOLIS, IN, 46204

  Registry ID: 110010592304

Statutes cited

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

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (8 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-22Referred To Dept Of Justice
• 1986-12-19Referred TO U.S. Attorney
• 1987-04-21Complaint Filed With Court
• 1988-11-04Final Order Lodged
• 1988-11-04Final Order Entered
• 1988-11-04Concluded
• 1988-11-04Enforcement Action Closed