EPA v. U.S. CERAMIC TILE 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: UNITED STATES CERAMIC TILE CO., (DEFENDANT), 10233 SANDYVILLE ROAD, SE, EAST SPARTA, OHIO 44626. ALLEGED VIOLATIONS: DEFENDANT CONTINUES TO TREAT AND STORE HAZARDOUS WASTE IN TWO LAND DISPOSAL UNITS AT ITS EAST SPARTA, OHIO FACILITY WITHOUT MAINTAINING INTERIM STATUS OR OBTAINING A RCRA PERMIT. DEFENDANT LOST INTERIM STATUS BECUASE IT FAILED TO CERTIFY BY NOVEMBER 8, 1985, THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE FINANCIAL RESPONSIBILITY REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2) OF RCRA. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PROHIBIT DEFENDANT FROM TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE AT ITS FACILITY, AND WHICH WOULD REQUIRE DEFENDANT TO CLOSE ITS ON-SITE LAND DISPOSAL UNITS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: ON APRIL 22, 1986 THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) CONDUCTED A RCRA INSPECTION AT THE DEFENDANT'S FACILITY. AT THIS INSPECTION, DEFENDANT WAS STORING HAZARDOUS WASTE IN AN ON-SITE WASTE PILE, AND TREATING AND STORING HAZARDOUS WASTES IN AN ON- SITE SURFACE IMPOUNDMENT. SIGNIFICANCE OF REFERRAL: THE FILING OF A CIVIL ACTION TO ENJOIN DEFENDANT FROM OPERATING ITS LAND DISPOSAL UNITS IS PART OF A NATIONAL INITIATIVE TO ENFORCE THE LOSS OF INTERIM STATUS (LOIS) PROVISIONS OF THE HAZARDOUS AND SOLID WASTE ACT AMENDMENTS OF 1984. EVIDENCE OF VIOLATIONS: DEFENDANT'S PERMIT APPLICATIONS, CERTIFICATION LETTER AND RESPONSE TO INFORMATION REQUEST. DATE REFERRAL REQUEST APPEARED NECESSARY: THIS REFERRAL REQUEST APPEARED NECESSARY AFTER AN APRIL 22, 1986, OHIO EPA INSPECTION OF THE FACILITY. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 30, 1986.

Defendants (2)

• CERAMIC TILE /USNamed in complaintNamed in settlement
• U.S. CERAMIC TILE CONamed in complaintNamed in settlement

Facilities (2)

• US CERAMIC TILE CO., INC.

  10233 SANDYVILLE RD SE, EAST SPARTA, OH, 44626

  Registry ID: 110000390381

• US CERAMIC TILE CO., INC.

  10233 SANDYVILLE RD SE, EAST SPARTA, OH, 44626

  Registry ID: 110000390381

Statutes cited

• RCRA 3005E — Res Conserv & Rec Act
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (2)

• U.S. CERAMIC TILEentered 1988-11-27

  Primary law: RCRA

  Federal penalty: $98,000

• CERAMIC TILE/USentered 1993-08-02

  Primary law: RCRA

Timeline (8 milestones)

• 1986-06-30Referred To Headquarters
• 1986-10-28Referred To Dept Of Justice
• 1986-11-26Referred TO U.S. Attorney
• 1986-12-10Complaint Filed With Court
• 1993-08-02Final Order Lodged
• 1993-08-02Final Order Entered
• 1993-08-02Concluded
• 1997-09-26Enforcement Action Closed