EPA v. ENVIRONMENTAL WASTE CONTROL (EWC) D/B/A/ 4 CNTY LANDFILL

Case summary

SYNOPSIS OF THE CASE ENVIRONMENTAL WASTE CONTROL INC., D/B/A FOUR COUNTY LAND- FILL (EWC) BEGAN OPERATION OF ITS FACILITY IN 1972 AS A SANI TARY LANDFILL. IN 1978, THE SITE BEGAN ACCEPTING SPECIAL/ INDUSTRIAL WASTE FOR DISPOSAL. EWC NOTIFIED USEPA OF HAZAR- DOUS WASTE ACTIVITY ON AUGUST 18, 1980, AND SUBMITTED ITS PART A APPLICATION ON NOVEMBER 19, 1980. EWC CURRENTLY AC- CEPTS HAZARDOUS WASTE DESIGNATED BY USEPA NUMBERS D006, D007 D008, F006, AND K061. (ATTACHMENTS B AND C). ON JUNE 16, 1 982, USEPA COMPLETED REVIEW OF EWC'S PART A PERMIT APPLICA- TION AND INFORMED EWC THAT IT HAD OBTAINED INTERIM STATUS. (ATTACMENT D). SINCE 1982 TO DATE, INSPECTIONS BY THE INDI- ANA DEPT. OF ENVIRONMENTAL MANAGEMENT (IDEM) AND EPA HAVE RE SULTED IN THE CITATION OF NUMEROUS VIOLATIONS OF RCRA AND ST ATE REGULATIONS AGAINST EWC INCLUDING DEFICIENCIES IN EWC'S GROUNDWATER MONITORING PROGRAM. IN JULY OF 1984, STAFF OF IDEM REVIEWED GROUNDWATER MONITORING DATA FROM THE EWC FACI- LITY WHICH INDICATED THAT PARAMETERS USED AS INDICATORS OF GROUNDWATER CONTAMINATION HAD SHOWN A STATISTICALLY SIGNIFI- CANT INCREASE. THIS STATISTICAL INCREASE, CONFIRMED BY SUB- SEQUENT TESTING, HAS PUT THE FACILITY IN THE ASSESSMENT PHA SE OF GROUNDWATER MONITORING. A REPEATED FAILURE TO COMPLY WITH THE ASSESSMENT PHASE OF GROUNDWATER MONITORING REQUIRE- MENTS RESULTED IN THE FILING OF AN AMENDED ADMINISTRATIVE COMPLAINT BY THE IDEM ON APRIL 23, 1985. (ATTACHMENT F). EWC IS PRESENTLY IN TECHNICAL COMPLIANCE WITH THE SUBMISSION RE- QUIREMENTS OF THIS AGREED ORDER. FOUR COUNTY LANDFILL'S INTERIM STATUS TERMINATED ON NOVEM- BER 8, 1985 BY OPERATION OF LAW BECAUSE EWC CERTIFIED INVA- LIDLY THAT ITS FACILITY WAS IN COMPLIANCE WITH APPLICABLE FINANCIAL RESPONSIBILITY AND GROUNDWATER MONITORING REQUIRE- MENTS. SPECIFICALLY, DEFENDANT HAD FAILED TO OBTAINED THE NECESSARY AMOUNT OF SUDDEN AND NON-SUDDEN ACCIDENTAL LIABILI TY INSURANCE AS REQUIRED FOR ALL INTERIM STATUS LAND DISPOS- AL FACILITIES. EWC HAS AND CONTINUES TO OPERATE ITS HAZARDOUS WASTE LAND- FILL AND HAS ENGAGED IN LATERAL EXPANSION OF THE FACILITY. DURING THE WEEK OF JUNE 9, 1986, MEMBERS OF A USEPA GROUNDWA TER MONITORING TASK FORCE OBSERVED A LATERAL EXPANSION OF THE EXISTING LANDFILL AND THE DISPOSAL AND STORAGE OF HAZAR- DOUS WASTE IN UNLINED CELLS AT THE EWC FACILITY. THIS WAS IN VIOLATION OF THE MINIMUM TECHNOLOGY STANDARDS OF SECTION 3004(O1AI) OF RCRA, WHICH REQUIRED THE INSTALLATION OF A DOU BLE LINER AND LEACHATE COLLECTION SYSTEM FOR HAZARDOUS WASTE DISPOSAL FOR LATERAL EXPANSIONS AT EXISTING LANDFILLS AFTER MAY 8, 1985. THIS CIVIL LITIGATION REPORT REQUESTS THE INITATION OF A CIVIL ACTION PURSUANT TO S3008 OF RCRA FOR VIOLATIONS OF S30 04(O) AND 3005 AND THE IMPLEMENTING REGULATIONS. WITH RESPECT TO THE S3004(O) MINIMUM TECHNOLOGY STANDARDS VIOLATIONS, WE RECOMMEND THAT THE GOVERNMENT SEEK A PRELIMI- NARY AND PERMANENT INJUNCTION WHICH WOULD PROHIBIT EWC FROM FURTHER STORING OR DISPOSING OF HAZARDOUS WASTE IN UNLINED LATERAL EXPANSIONS AT IT FACILITY, AND ORDER THEM TO REMOVE THE WASTE PLACED IN UNLINED CELLS AFTER MAY 8, 1985 TO LINED CELLS AND TO REMEDY ANY EFFECTS OF THE VIOLATIONS. WITH RESPECT TO THE S3005(E2) LOSS OF INTERIM STATUS VIOLA TION, WE RECOMMEND THAT THE GOVERNMENT SEEK A PERMANENT IN- JUNCTION WHICH WOULD PROHIBIT EWC FROM STORING OR DISPOSING OF ADDITIONAL HAZARDOUS WASTE INTO LAND DISPOSAL UNITS AT THE FACILITY AND REQUIRE EWC TO 1) SUBMIT A CLOSURE AND POST CLOSURE PLAN 2) COMPLY WITH APPLICABLE FINANCIAL REQUIREMENT S THROUGH CLOSURE AND POST-CLOSURE 3) CLOSE AND 4) APPLY FOR A POST CLOSURE PERMIT. WE ALSO RECOMMEND THAT THE GOVERNMEN T SEEK CIVIL PENALTIES AGAINST EWC FOR OPERATING WITHOUT A PERMIT AND FOR VIOLATION OF MINIMUM

Defendants (5)

• ENVIRONMENTAL WASTE CONTROL, INC. - EWCNamed in complaintNamed in settlement
• FOUR COUNTY LANDFILLNamed in settlement
• SHAMBAUGH, STEVENNamed in complaintNamed in settlement
• WEST HOLDING COMPANYNamed in complaintNamed in settlement
• WILKINS, JAMESNamed in complaintNamed in settlement

Facilities (1)

• FOUR COUNTY LANDFILL

  SR 17 & CR 525 NORTH, ROCHESTER, IN, 46975

  Registry ID: 110002045625

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (3)

• JAMES WILKINSentered 1994-11-15

  Primary law: RCRA

• STEVEN SHAMBAUGHentered 1994-10-21

  Primary law: RCRA

• FOUR COUNTY LDFL/ENVIRONMENTALentered 1989-03-29

  Primary law: RCRA

  Federal penalty: $2,778,000

Timeline (7 milestones)

• 1986-07-22Enforcement Action Data Entered
• 1986-11-04Referred To Dept Of Justice
• 1987-02-05Complaint Filed With Court
• 1994-11-15Final Order Lodged
• 1994-11-15Final Order Entered
• 1994-11-15Concluded
• 1995-04-18Enforcement Action Closed