EPA v. ALCHEM-TRON INC/GSX CORPORATION

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: ALCHEM-TRON INC, (SERVICE OF PROCESS) C/O INDERJIT S. SONI, 2516 TRAIN AVENUE, CLEVELAND, OHIO, 44113 AND 7415 BESSEMER AVENUE, CLEVELAND, OHIO 44127 (FACILITY). ALLEGED VIOLATIONS: ALCHEM-TRON, INC. HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE TREATMENT FACILITY WITHOUT OBTAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. ALCHEM-TRON, INC. HAS DISREGARDED REQUESTS AND ORDERS OF THE STATE AND FEDERAL GOVERNMENT TO DISCONTINUE TREATMENT, STORAGE AND DISPOSAL OF HAZARDOUS WASTE IN ITS TWO WASTE PILES. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PRO- HIBIT ALCHEM-TRON, INC. FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE ALCHEM- TRON, INC. TO CLOSE ITS TWO OPERATING WASTE PILES. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST ALCHEM-TRON IN THE AMOUNT OF UP TO $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: U.S. EPA FILED A RCRA SECTION 3008(A) ADMINISTRATIVE ACTION AGAINST ALCHEM-TRON, INC. ON JANUARY 12, 1982 FOR OPERATING A HAZARDOUS WASTE FACILITY WITHOUT A PERMIT OR INTERIM STATUS. A COMPLIANCE ORDER AND CONSENT AGREEMENT WAS ENTERED INTO BETWEEN THE PARTIES ON JANUARY 12, 1982 WHICH TREATED DEFENDANT'S LATE PART A APPLICATION AS IF TIMELY FILED. SIGNIFICANCE OF REFERRAL: SEEKING JUDICIAL ENFORCEMENT AGAINST DEFENDANT IS IN ACCORD WITH THE AGENCY STRATEGY ISSUED ON OCTOBER 16, 1985 TO IMPLEMENT SECTION 3005(E)(2). DEFENDANT HAS CONTINUED TO OPERATE EVEN THOUGH IT HAS LOST INTERIM STATUS AND IS NOT IN COMPLIANCE WITH FINANCIAL RESPONSIBILITY REQUIREMENTS. EVIDENCE OF VIOLATIONS: THE STATE OF OHIO HAS CONDUCTED INSPECTIONS OF THE FACILITY. ALSO, U.S. EPA RECORD KEEPERS CAN TESTIFY THAT ALCHEM-TRON, INC. FAILED TO COMPLY WITH APPLICABLE RCRA PERMITTING REQUIREMENTS. DATE REFERRAL REQUEST APPEARED NECESSARY: DEFENDANT VIO- LATED RCRA'S INTERIM STATUS PROVISIONS ON NOVEMBER 8, 1985 AND NOVEMBER 23, 1985. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 30, 1986. DATE AA-OECM APPROVED REFERRAL AND SENT TO DOJ: AUGUST7, 1986. TELECONFERENCE ON SEPT 23, 1986 (OHIO AG, DOJ, & EPA-HQ) TO COORDINATE EPA REFERRAL WITH LIKELY STATE ACTION TO EN- FORCE OCT 1983 CONSENT DECREE.

Defendants (1)

• ALCHEM-TRON INCNamed in complaintNamed in settlement

Facilities (1)

• GSX CHEMICAL SERVICES OF OHIO INCORPORATED

  7415 BESSEMER AVE, CLEVELAND, OH, 44127

  Registry ID: 110000701642

Statutes cited

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

Enforcement conclusions (1)

• ALCHEM-TRON INC/GSX CHEMICALentered 1991-01-25

  Primary law: RCRA

  Federal penalty: $350,000

Timeline (7 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-07Referred To Dept Of Justice
• 1986-12-05Complaint Filed With Court
• 1991-01-25Final Order Entered
• 1991-01-25Final Order Lodged
• 1991-01-25Concluded
• 1991-01-25Enforcement Action Closed