EPA v. POLYSAR INC

Case summary

LEGAL BASIS FOR PROPOSED ACTION: SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, (RCRA), 42 U.S.C. SECTION 6901 ET SEQ. IDENTITY OF DEFENDANT: POLYSAR, INCORPORATED, AN OHIO CORPORATION, P.O. BOX 5119, AKRON, OHIO 44313. POLYSAR, INC., RESINS DIVISION OWNS AND OPERATES A POLYSTYRENE MANUFACTURING FACILITY AT 1122 JACOBY ROAD, COPLEY, OHIO, IN SUMMITT COUNTY. ALLEGED VIOLATIONS: POLYSAR HAS OPERATED A LAND SURFACE IMPOUNDMENT AT ITS COPLEY FACILITY FOR THE TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTES WITHOUT THE HAZAR- DOUS WASTE MANAGEMENT PERMIT REQUIRED BY SECTION 3005 OF RCRA AND WITHOUT HAVING OBTAINED INTERIM STATUS UNDER SECTION 3005(E) OF RCRA. AS OF NOVEMBER 8, 1985, U.S. EPA WILL NO LONGER FOREBEAR FROM COMMENCING ENFORCEMENT ACTION AGAINST FACILITIES OPERATING WITHOUT INTERIM STATUS PURSUANT TO AGENCY POLICY PUBLISHED AT 50 FED. REG. 38946 (SEPTEMBER 25, 1985). PROPOSED RELIEF: INJUNCTION REQUIRING: 1) CESSATION OF TREATMENT, STORAGE AND DISPOSAL OF HAZARDOUS WASTE IN SURFACE IMPOUNDMENT; 2) SUBMISSION AND IMPLEMENTATION OF PROPER CLOSURE AND POST-CLOSURE PLANS UNDER 40 C.F.R. PART 265, SUBPART G; AND, 3) COMPLIANCE WITH APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILITY CERTI- FICATION REQUIREMENTS UNDER 40 C.F.R. PART 265, SUBPARTS F AND H. RECENT CONTACTS WITH DEFENDANT: ON FEBRUARY 19, 1985, OHIO EPA ISSUED DIRECTOR'S FINAL FINDINGS AND ORDERS TO POLYSAR REGARDING MITIGATION OF HARM CAUSED BY OUTFLOW FROM THE IMPOUNDMENT. IN NOVEMBER, 1985, POLYSAR SUBMITTED AN INADEQUATE CLOSURE PLAN TO OHIO EPA. ON MARCH 27, 1986, OHIO EPA ADVISED POLYSAR OF THE NATURE OF THE CLOSURE PLAN'S DEFICIENCIES; POLYSAR HAS NOT REVISED THE PLAN TO CORRECT THOSE DEFICIENCIES. SIGNIFICANT ISSUES PRESENTED: AS PART OF A NATIONAL STRATEGY ISSUED ON OCTOBER 16, 1985 TO IMPLEMENT SECTION 3005(E) OF RCRA, THE FILING OF THIS CASE WILL SIGNIFY TO THE REGULATED COMMUNITY U.S. EPA'S DETERMINATION TO OBTAIN FULL COMPLIANCE WITH HAZARDOUS WASTE LAWS. EVIDENCE OF VIOLATIONS: OHIO EPA CONDUCTED RCRA COM- PLIANCE INSPECTIONS OF THE FACILITY ON APRIL 13, 1984, AND MAY 2, JULY 16, AND SEPTEMBER 11, 1985. DEFENDANT ALSO SUBMITTED A CLOSURE PLAN AND THREE ENVIRONMENTAL STUDIES WHICH DESCRIBE THE IMPOUNDMENT ACTIVITIES. THESE DOCUMENTS ARE ATTACHED TO THE REFERRAL PACKAGE. DATE REFERRAL REQUEST APPEARED NECESSARY: OHIO EPA RECOMMENDED THE SITE TO U.S. EPA FOR ENFORCEMENT ACTION IN MAY, 1985. DATE AA-OECM APPROVED REFERRAL, AUGUST 7,1986. REGION V IS DEVELOPING AMENDED REFERRAL TO COVER ADDITIONAL RCRA VIOLATIONS, 3008(H), AND A POSSIBLE CWA COUNT.

Defendants (1)

• POLYSAR INCNamed in complaintNamed in settlement

Facilities (1)

• NOVACOR CHEMICALS INCORPORATED

  1122 JACOBY ROAD, COPLEY, OH, 44321

  Registry ID: 110001625778

Statutes cited

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

Enforcement conclusions (1)

• POLYSAR INCORPORATEDentered 1989-01-26

  Primary law: RCRA

  Federal penalty: $150,096

Timeline (7 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-07Referred To Dept Of Justice
• 1987-04-29Complaint Filed With Court
• 1989-01-26Final Order Lodged
• 1989-01-26Final Order Entered
• 1989-01-26Concluded
• 1989-03-23Enforcement Action Closed