EPA v. QUEMETCO INC

Case summary

LEGAL BASIS FOR PROPOSED ACTION: SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 42 U.S.C. SECTION 6901 ET SEQ. IDENTITY OF DEFENDANT: RSR - QUEMETCO, INCORPORATED, 900 QUEMETCO DRIVE, INDIANAPOLIS, INDIANA 46321. ALLEGED VIOLATIONS: FROM NOVEMBER 9, 1985 TO THE PRESENT, QUEMETCO, INC. (QI) HAS BEEN STORING HAZARDOUS WASTE AT ITS LAND DISPOSAL FACILITY WITHOUT A PERMIT OR INTERIM STATUS IN VIOLATION OF SECTION 3005(A) OF RCRA. THE INTERIM STATUS OF QI WAS TERMINATED BY OPERATION OF LAW ON NOVEMBER 9, 1985. SUCH TERMINATION RESULTED FROM QI'S FAILURE TO CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPON- SIBILITY REQUIREMENTS BY NOVEMBER 8, 1985 AS REQUIRED BY SECTION 3005(E)(2). QI THEN FAILED TO SUBMIT A CLOSURE AND POST-CLOSURE PLAN BY NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 C.F.R. 265.112(C). EVEN BEFORE QI'S LOSS OF INTERIM STATUS, QI HAD BEEN WITHOUT ADEQUATE INSURANCE LIABILITY COVERAGE SINCE AUGUST 27, 1985 IN VIOLATION OF 40 C.F.R. 265.147. PROPOSED RELIEF: THE AGENCY SEEKS A PRELIMINARY INJUNC- TION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT QI FROM STORING OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WOULD REQUIRE QI TO CLOSE ITS ON-SITE WASTE PILES AND SUR- FACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST QI IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: THE MOST RECENT OFFICIAL RCRA INSPECTION OF THE SITE WAS BY STATE INSPECTORS ON JUNE 28, 1985. BASED ON OTHER SITE VISITS OCCURRING AS RECENTLY AS MARCH 1986 BY INDIANA REPRESENTATIVES FOR THE PURPOSE OF CONDUCTING SAMPLING ON QI'S PROPERTY, U.S. EPA HAS LEARNED THAT QI CONTINUES TO STORE HAZARDOUS WASTE IN ITS ON-SITE WASTE PILES AND SURFACE IMPOUNDMENTS. SIGNIFICANT ISSUES PRESENTED: SEEKING JUDICIAL ENFORCE- MENT AGAINST QI IS IN ACCORDANCE WITH THE AGENCY STRATEGY ISSUED ON OCTOBER 16, 1985 TO IMPLEMENT SECTION 3005(E)(2). QI HAS CONTINUED TO USE ON-SITE WASTE PILES AND SURFACE IMPOUNDMENTS FOR STORAGE OF HAZARDOUS WASTE EVEN THOUGH IT HAS LOST INTERIM STATUS AND DOES NOT HAVE A RCRA PERMIT. EVIDENCE OF VIOLATIONS: REPRESENTATIVES OF INDIANA HAVE VISITED THE SITE AND SAMPLED WASTE PILES AND SURFACE IMPOUNDMENTS AFTER NOVEMBER 8, 1985. SUCH VISITS HAVE INDICATED THAT QI CONTINUED TO STORE HAZARDOUS WASTE IN WASTE PILES AND SURFACE IMPOUNDMENTS ON-SITE AFTER LOSS OF INTERIM STATUS ON NOVEMBER 8, 1985. DATE REFERAL REQUEST APPEARED NECESSARY: QI LOST INTERIM STATUS ON NOVEMBER 8, 1985, THE DATE BY WHICH QI SHOULD HAVE CERTIFIED COMPLIANCE WITH FINANCIAL RESPONSIBILITY AND GROUNDWATER MONITORING REQUIREMENTS CONTAINED IN SECTION 3005(E)(2) OF RCRA. THIS VIOLATION OF RCRA MERELY COMPOUND- ED QI'S EARLIER RCRA VIOLATION - I.E., ITS LOSS OF LIABILITY COVERAGE ON AUGUST 27, 1985 IN VIOLATION OF 40 CFR 265.147 AND 320 IAC 4.1-22-24. OTHER SIGNIFICANT ASPECTS OF CASE: U.S. EPA REGION 9 HAS AN RSR - QUEMETCO FACILITY IN CALIFORNIA, WHICH IT INTENDS TO SUE FOR LOIS VIOLATIONS AND FOR CORRECTIVE ACTION.

Defendants (3)

• QUEMETCO INC.Named in complaintNamed in settlement
• QUEMETCO REALTY CO.Named in complaintNamed in settlement
• RSR CORP.Named in complaintNamed in settlement

Facilities (2)

• QUEMETCO RSR CORP

  7870 W. MORRIS ST., INDIANAPOLIS, IN, 46231

  Registry ID: 110000397419

• QUEMETCO RSR CORP

  7870 W. MORRIS ST., INDIANAPOLIS, IN, 46231

  Registry ID: 110000397419

Statutes cited

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

Enforcement conclusions (1)

• QUEMETCO INC.entered 1989-04-14

  Primary law: RCRA

  Federal penalty: $54,000

Timeline (7 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-14Referred To Dept Of Justice
• 1987-06-23Referred TO U.S. Attorney
• 1987-06-26Complaint Filed With Court
• 1989-04-14Concluded
• 1989-04-14Final Order Lodged
• 1989-04-14Final Order Entered