EPA v. MASTER METALS, INC.

Case summary

SYNOPSIS OF CASE ON AUGUST 6, 1986, USEPA INSPECTED MASTER METALS, INC. (DEF) AND OBSERVED DEF STORING HAZARDOUS WASTE IN WASTE PILES AT ITS FACILITY W/O A PERMIT OR INTERIM STATUS, IN VIOLATION OF S3005A OF RCRA. THE INTERIM STATUS OF TWO DEF'S WASTE PILES TERMINATED BY OPERATION OF LAW ON NOVEMBER 9, 1985, BECAUSE DEF DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE W/ ALL APPLICABLE FINANCIAL RESPONSIBILITY REQUIREMENTS AS RE- QUIRED BY S3005E2. IN ADDITION, DEF DID NOT SUBMIT A CLO- SURE PLAN ON NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 CFR S265.112C. THIS CIVIL LITIGATION REPORT REQUESTS THE INITIATION OF A CI VIL ACTION PURSUANT TO S3008 OF RCRA FOR VIOLATION OF S3005 AND THE IMPLEMENTING REGULATIONS. WE RECOMMEND THAT THE GOVERNMENT SEEK A PERMANENT INJUNCTION WHICH WOULD PROHIBIT DEF FROM STORING ADDITIONAL HAZARDOUS WASTE IN THE TWO LAND DISPOSAL UNITS AT ITS FACILITY WHICH CONTAIN KO69 HAZARDOUS WASTE UNTIL DEF RECEIVES A FINAL RCRA PERMIT AND REQUIRE DEF TO: 1) SUBMIT A CLOSURE PLAN AND A POST CLOSURE PLAN FOR THE KO69 WASTE PILES, 2) COMPLY W/ FI- NANCIAL RESPONSIBILITY REQUIREMENTS THROUGH CLOSURE AND POST CLOSURE, 3) CLOSE, 4) APPLY FOR A POST-CLOSURE PERMIT IF NE- CESSARY, AND 5) TAKE CORRECTIVE MEASURES AS NECESSARY. WE DO NOT RECOMMEND THAT THE GOVERNMENT SEEK CIVIL PENALTIES AGAINST DEF FOR OPERATION W/O A PERMIT BECAUSE DEF IS CURREN TLY UNDERGOING CHAPTER 11 REORGANIZATION. DESCRIPTION OF DEFENDANTS DEF, MASTER METALS, INC., IS A SECONDARY LEAD SMELTER OF NON-FERROUS METALS, LOCATED AT 2850 W. THIRD ST., CLEVELAND, OHIO. THE FACILITY CONSISTS OF 6 WASTE PILES. CURRENTLY, 3 WASTE PILES CONTAIN NON-HAZARDOUS WASTE, 2 CONTAIN K069 WAS- TE AND 1 CONTAINS D008 WASTE. THE TOTAL COMBINED CAPACITY OF THE WASTE PILES IS APPROXIMATELY 1168 CUBIC YARDS. ************************************************************ ************************************************************ ************************************************************ THIS LETTER IS TO REQUEST THE FILING OF A CIVIL CONTEMPT ACTION AGAINST MASTER METALS, INC. WE ARE REQUESTING THIS CONTEMTP ACTION BECAUSE MASTER METALS HAS FAILED TO COMPY WITH NUMBEROUS PROVISIONS OF A CONSENT DECREE ENTERED WITH THE COURT ON 1/15/90. WE REQUEST THAT AN INJUNCTION BE SOUGHT FROM THE COURT REQUIRING, AMONG OTHER RELIEF, CLOSURE OF THE ENTIRE FACILITY PURSUANT TO RCRA. - IN THE CONSENT DECREE, MASTER METALS AGREED TO REMEDY VIOLA- TIONS OF RCRA BY: (1) IDENTIFYING ALL HAZARDOUS WASTE MANAGEMENT UNITS; (2) BY CLOSING THIS UNITS THAT HAD A LOSS OF INTERIM STATUS (LOIS); (3) BY OPERATING OTHER UNITS IN COMPLIANCE WITH RCRA AND CERTAIN SPECIFIED REQUIREMENTS OF THE CONSENT DECREE; (4) BY ANALYZING AND CHARACTERIZING ALL HAZARDOUS WASTE AT THE FACILITY, AND; (5) BY CERTIFYING COM- PLIANCE WITH THE FINANCIAL ASSURANCE AND LIABILITY COVERAGE REQUIREMENTS OF RCRA FOR THE FACILITY. - MASTER METALS IS VIOLATING REQUIREMENTS (1), (2), (3), (4), AND (5), ABOVE. THESE ALLEGE VIOLATIONS ARE BASED UPON SUB- MITTALS FORM DEF MASTER METALS AND AN INSPECTION OF THE MASTER METALS FACILITY ON 07/16 AND 07/17, 1990 CONDUCTED BY U.S.EPA PERSONNEL. - THIS ACTION HAS BECOME NECESSARY BECAUSE LEAD EXPOSURE FROM THE FACILITY CONTINUES TO POSE AN IMMINENT AND SUBSTANTIAL RISK TO HUMAN HEALTH AND THE ENVIRONMENT, AND MASTER METALS HAS FAILED TO TAKED THE MINIMUM ACTIONS SPECIFIED IN THE CONSENT DECREE TO ABATE THE RISK. THE RISK IS DEMONSTRATED BY A 06/01/90, ORDER FROM JUDGE MAN

Defendants (1)

• MASTER METALS, INC.Named in complaintNamed in settlement

Facilities (1)

• MASTER METALS INCORPORATED

  2850 W 3RD ST, CLEVELAND, OH, 44113

  Registry ID: 110000701624

Statutes cited

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

Enforcement conclusions (1)

• MASTER METALS, INC.entered 1990-01-15

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1986-07-14Enforcement Action Data Entered
• 1986-11-06Referred To Dept Of Justice
• 1987-06-15Complaint Filed With Court
• 1990-01-15Final Order Lodged
• 1990-01-15Final Order Entered
• 1990-01-15Concluded
• 1996-03-20Enforcement Action Closed