EPA v. ITT HANCOCK IND. INC.

Case summary

THE CONSENT AGREEMENT AND INTERIM ORDER (CAIO) DATED FEBRUARY 7, 1985 PROVIDES THAT THE $110,000 PENALTY CITED IN THE COMPLAINT WILL BE HELD IN OBEYANCE UNTIL A DECISION ON THE DELISTING PETITION FILED BY RESPONDENT HAS BEEN MADE BY HEADQUARTERS. RESPONDENT AGREED TO PERFORM ALL INTERIM STATUS REQUIREMENTS CITED IN THE COMPLAINT INCLUDING INSTAL- LATION OF MONITORING WELLS IN THE INTERIM. THE AFOREMENTIONED DECISION TO STAY A PENALTY PENDING A DECISION ON A DELISTING PETITION IS AN EQUITABLE DECISION AND LIMITED TO THE CIRCUMSTANCES OF ITT ONLY WHEREIN 1) THE DELISTING PETITION WAS FILED AS FAR BACK AS AUGUST, 1982 AND 2) THERE IS THE STRONG LIKELIHOOD, AS VERBALIZED BY HEAD- QUARTERS, THAT THE PETITION WILL BE GRANTED. THE AFOREMENTIONED DECISION, TO STAY A PENALTY PENDING A HAZARDOUS WASTE, WHICH WAS SUBJECT OF ADMINISTRATIVE CIVIL COMPLAINT DEEMED NON-HAZARDOUS BY EPA'S OFFICE OF SOL- ID WASTE AND EMERGING RESPONSE. REVIEW OF PETITION FOR DE- LISTING DISCONTINUED AS A RESULT.

Defendants (1)

• ITT AND MR. RAFFAELE DERITIS, PRESIDENT

Facilities (1)

• LEAR CORP ROSCOMMON

  10161 N ROSCOMMON RD, ROSCOMMON, MI, 48653

  Registry ID: 110003593264

Statutes cited

• RCRA RCRA — Res Conserv & Rec Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (3 milestones)

• 1984-08-22Enforcement Action Data Entered
• 1984-08-22Complaint Filed/Proposed Order
• 1987-03-12Enforcement Action Closed