EPA v. MODERN PLATING CORPORATION

Case summary

I. SYNOPSIS OF THE CASE. BY THIS REFERRAL, THE REGIONAL ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION V, (USEPA) SEEKS THE FILING OF A FEDERAL DISTRICT COURT SUIT TO ENFORCE AN ADMINISTRATIVE ORDER ISSUED BY USEPA PURSUANT TO ITS AUTH ORITY UNDER THE RESOURCE CONSERVATION & RECOVERY ACT (RCRA). EPA ALSO SEEKS A COMPLIANCE ORDER AND PENALTIES FOR ADDITION AL VIOLATIONS OF RCRA OBSERVED IN INSPECTIONS SUBSEQUENT TO ISSUANCE OF THE ADMINISTRATIVE ORDER. THE MODERN PLATING CORPORATION (DEFENDANT) OWNS AND OPER- ATES A FACILITY IN FREEPORT, ILLINOIS, THAT GENERATES HAZAR- DOUS WASTE, TREATS IT IN A TANK, & STORES IT IN A SURFACE IM POUNDMENT, TANKS, AND CONTAINERS. DEFENDANT OBTAINED INTE- RIM STATUS AUTHORITY UNDER RCRA TO OPERATE ITS HAZARDOUS WASTE HANDLING FACILITIES IN 1980. AFTER VIOLATIONS OF RCRA INTERIM STATUS REGULATIONS WERE DISCOVERED IN A SERIES OF INSPECTIONS BY THE ILLINOIS ENVI- RONMENTAL PROTECTION AGENCY (ILLINOIS EPA), AND ILLINOIS EPA ENFORCEMENT EFFORTS DID NOT ACHIEVE COMPLAINCE, USEPA FILED AN ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER (COMPLAINT) ON JUNE 18, 1985. THE ADMINISTRATIVE ADJUDICATORY PROCEED- ING INITIATED BY THIS COMPLAINT WAS RESOLVED BY A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED NOVEMBER 22, 1985, REQUIRING DEFENDANT TO UNDERTAKE SPECIFIC STEPS TO OBTAIN FULL RCRA COMPLIANCE, AND PAY $38,662.50 IN CIVIL PENALTIES. A MARCH 6, 1986 INSPECTION OF DEFENDANT'S FACILITY BY THE ILLINOIS EPA IDENTIFIED NUMEROUS VIOLATIONS OF THE CAFO AS WELL AS ADDITIONAL VIOLATIONS OF RCRA INTERIM STATUS REGULA- TIONS. USEPA REQUESTS THAT THE ATTACHED COMPLAINT BE FILED TO EN- FORCE THE PROVISIONS OF THE CAFO, ENFORCE THE ADDITIONAL RCRA REGULATIONS BEING VIOLATED BY DEFENDANT'S FACILITY, AND COLLECT ADDITIONAL CIVIL PENALTIES.

Defendants (1)

• MODERN PLATING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• MODERN PLATING CORPORATION

  701 S. HANCOCK AVE., FREEPORT, IL, 61032

  Registry ID: 110000436546

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• MODERN PLATING CORPORATIONentered 1989-04-18

  Primary law: RCRA

  Federal penalty: $63,000

Timeline (6 milestones)

• 1986-07-30Enforcement Action Data Entered
• 1986-11-14Referred To Dept Of Justice
• 1987-05-15Complaint Filed With Court
• 1989-04-18Final Order Lodged
• 1989-04-18Final Order Entered
• 1989-04-18Concluded