EPA v. COPPERWELD STEEL CO

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: COPPERWELD STEEL COMPANY, 400 MAHONING AVENUE, WARREN TOWNSHIP, WARREN, OHIO 44482. ALLEGED VIOLATIONS: COPPERWELD HAS OPERATED AND CONTINUES TO OPERATED TWO DISTINCT HAZARDOUS WASTE STORAGE FACILITIES, SPECIFICALLY A WASTE PILE AND A SURFACE IMPOUNDMENT, WITHOUT OBTAINING A RCRA PERMIT AND WITHOUT ACHIEVING INTERIM STATUS FOR EITHER UNIT. IN ADDITION, COPPERWELD HAS VIOLATED SEVERAL REGULATIONS APPLICABLE TO ITS INTERIM STATUS LANDFILL AND DRUM STORAGE FACILITY. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PRO- HIBIT COPPERWELD FROM STORING HAZARDOUS WASTE IN AN UNPER- MITTED WASTE PILE AND REQUIRE CLOSURE OF THE WASTE PILE, AND WHICH WOULD PROHIBIT COPPERWELD FROM STORING WASTE IN AN UN- PERMITTED SURFACE IMPOUNDMENT AND REQUIRE CLOSURE OF ITS ON- SITE SURFACE IMPOUNDMENT. PERMANENT INJUNCTIVE RELIEFF IS REQUESTED TO COMPEL COMPLIANCE WITH REGULATIONS APPLICABLE TO COPPERWELD'S INTERIM STATUS LANDFILL AND DRUM STORAGE FA- CILITY. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PE- NALTY BE ASSESSED AGAINST COPPERWELD IN THE AMOUNT UP TO $25 000 PER DAY PURSUANT TO RCRA SECTION 3008G. RECENT CONTACTS WITH DEFENDANT: INSPECTORS FROM OHIO EPA HAVE CONDUCTED INSPECTIONS OF COPPERWELD'S FACILITY ON 12/18/85, 5/14/86, AND ON 6/11/86. IN CONNECTION WITH THE VIOLATIONS OBSERVED DURING THOSE INSPECTIONS, OHIO EPA AND COPPERWELD HAVE EXCHANGED CORRESPONDENCE. SIGNIFICANCE: THE FILING OF A CIVIL ACTION WILL ENJOIN COPPERWELD FROM STORING AND DISPOSING ITS HAZARDOUS WASTES UNLAWFULLY. THE LAWSUIT WILL SEND A CLEAR SIGNAL TO THE REGULATED COMMUNITY THAT 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 OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) CONDUCTED INSPECTIONS OF THE FACILITY ON 12/18/85, 5/14/86, AND ON 6/11/86. DATE REFERRAL REQUEST APPEARED NECESSARY: AN INSPECTION CONDUCTED BY OHIO EPA ON 12/18/85 DISCLOSED CONTINUING OPERATION OF A WASTE PILE WITHOUT A RCRA PERMIT AND WITHOUT INTERIM STATUS. AN INSPECTION CONDUCTED BY OHIO EPA ON 6/11/86 DISCLOSED IMPROPER STORAGE OR DISPOSAL OF HAZARDOUS WASTE INTO A NATURAL LAKE ABUTTING THE INTERIM STATUS LANDFILL, WITHOUT A RCRA PERMIT AND WITHOUT INTERIM STATUS. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 30, 1986. OTHER SIGNIFICANT ASPECTS OF CASE: THIS ACTION IS CONSISTENT WITH THE AGENCY'S RECENT L.O.I.S. INITIATIVE. DATE AA-OECM APPROVED REFERRAL TO DOJ: AUGUST 7, 1986.

Defendants (1)

• COPPERWELD STEEL CONamed in complaintNamed in settlement

Facilities (1)

• CSC LIMITED

  4000 MAHONING AVE., WARREN, OH, 44483

  Registry ID: 110000389865

Statutes cited

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

Enforcement conclusions (1)

• COPPERWELD STEEL COMPANYentered 1990-05-24

  Primary law: RCRA

  Federal penalty: $110,000

Timeline (7 milestones)

• 1986-08-07Referred To Dept Of Justice
• 1986-11-24Complaint Filed With Court
• 1990-05-24Final Order Lodged
• 1990-05-24Final Order Entered
• 1990-05-24Concluded
• 1996-02-02Enforcement Action Closed
• 1997-08-28Enforcement Action Data Entered