EPA v. MAIORANO, LOUIS J. (FORMERLY AERO PLATING WORKS)

Case summary

THE FACILITY IS AN ELECTROPLATING OPERATION IN CHICAGO, IL A FINAL AGENCY ORDER WAS ISSUED REQUIRING LOUIS J. MAIORANO, SR. AND JR (RESPONDENTS) TO COMPLY W/ ILL. CLOSURE, MANIFEST AND SHIPPING REGULATIONS AND TO PAY A PENALTY ASSESSED FOR VIOLATIONS OF RCRA AND THE AUTHORIZED STATE'S REGULATIONS. THE RESPONDENTS HAVE FAILED TO SUBMIT AN APPROVABLE CLOSURE PLAN OR PAY THE ASSESSED PENALTY AS REQUIRED BY THE FINAL AGENCY ORDER. THEREFORE, THIS CASE IS REFERRED TO DOJ FOR A COURT ORDER REQUIRING RESPONDENTS TO IMMEDIATELY COMPLY W/ ALL THE REQUIREMENTS OF THE AGENCY'S FINAL ORDER AND FOR AD- DITIONAL CIVIL PENALTIES. * * * CONTEMPT MATTER * * * ON MAY 18, 1987, THE DOJ, ON BEHALF OF THE USEPA FILED A CIVIL ACTION AGAINST LOUIS J. MAIORANO SR. AND JR. D/B/A AERO PLATING WORKS, INC. (DEFENDANTS). THE COMPLAINT AL- LEGED THAT DEFENDANTS HAD FAILED TO COMPLY WITH AN ORDER OF AN ADMINISTRATIVE LAW JUDGE WHICH REQUIRED THEM TO SUBMIT AN APPROVABLE CLOSURE PLAN FOR THE AERO PLATING WORKS FACI- LITY, TO COMPLETE CLOSURE IAW THE APPROVED PLAN, TO COMPLY WITH ILL. OFF-SITE DISPOSAL REQUIREMENTS FOR HAZARDOUS WASTE AND TO PAY CIVIL PENALTIES. IT FUTHER ALLEGED THAT DEFEN- ANTS FAILED TO COMPLY WITH AN INFORMATION REQUEST ISSUED USEPA PURSUANT TO SECT 3007 OF RCRA, AS AMENDED 42, USC S6927. THE RELIEF SOUGHT BY THE COMPLAINT INCLUDED INJUNC- TIVE RELIEF IN THE FORM OF COMPLIANCE WITH THE ABOVE DESCRI- BED ORDER, PAYMENT OF THE ADMINISTRATIVE PENALTIES ASSESSED UNDER THE ORDER, IMPOSITION OF CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THE ORDER AND FOR FAILURE TO COMPLY WITH THE USEPA INFORMATION REQUEST, AND COSTS. UPON DISCOVERY THAT THE FACILITY HAD BEEN LEASED TO NEW TENANTS, THE U.S. MOVED THE COURT FOR A PARTIAL JUDGMENT ON THE PLEADINGS, SPECIFICALLY ON ITS REQUEST FOR INJUNCTIVE RELIEF. ON OCT. 28, 1987, THE COURT GRANTED THIS MOTION AND ORDERED, IN PART, THAT DEFENDANTS AMEND AND RESUBMIT FOR ILL EPA'S APPROVAL A PREVIOUSLY SUBMITTED CLOSURE PLAN; WITHIN 30 DAYS OF APPROVAL, COMPLETE CLOSURE IAW THE APPROVED PLAN; AND UPON COMPLETION, SUBMIT A CERTIFICATION OF CLOSURE TO THE IEPA. ON JULY 25, 1988, CONDITIONAL APPROVAL OF THE DEFENDANTS' CLOSURE PLAN WAS GRANTED BY IEPA. UNDER THE TERMS OF THE APPROVED CLOSURE PLAN, COMPLETION OF CLOSURE WAS REQUIRED BY NOV. 22, 1988 AND CERTIFICATION OF COMPLETION WAS TO BE SUB- MITTED TO IEPA WITHIN 60 DAYS OF COMPLETION, OR BY JAN. 21, 1989. SOME CONFUSION EXISTS IN THE RECORDS OF IEPA REGARDING SUB SEQUENT EVENTS. IT WAS THOUGHT THAT A CERTIFICATION OF CLO- SURE MAY HAVE BEEN LOGGED INTO THE IEPA RECORDS SOMETIME IN SEPT. 1988, BUT IEPA WAS UNABLE TO LOCATE THE CERTIFICATION ITSELF. WHEN THE OWNER/OPERATOR WAS UNREACHABLE FOR CLARI- FICATION OF THIS MATTER BY PHONE, IEPA ISSUED A COMPLIANCE INQUIRY LETTER, SOLICITING SUBMITTAL OF THE CERTIFICATION OF CLOSURE. THIS LETTER WAS SENT ON MAY 22, 1989 AND REQUESTED RESPONSE WITHIN 15 DAYS OF THAT DATE. NO CERTIFICATION WAS RECEIVED BY IEPA IN RESPONSE TO ITS COMPLIANCE INQUIRY. IEPA THEN ISSUED, ON JULY 12, 1989, A PRE-ENFORCEMENT CON- FERENCE LETTER TO LOUIS MAIORANO, JR., NOTIFYING HIM OF THE POTENTIAL FOR FORMAL ACTION BEING TAKEN AGAINST HIM FOR HIS FAILURE TO SUBMIT A CERTIFICATION OF CLOSURE. A FACILITY INSPECTION BY IEPA FOLLOWED. DURING THAT IN- SPECTION, SEVERAL AREAS OF THE FACILITY IN WHICH WASTE HAD BEEN OBSERVED IN THE PAST WERE INACCESSIBLE AND THEREFORE, THE STATUS OF CLOSURE WAS UNCERTAIN. A REPORT OF THIS IN- SPECTION, WHICH WAS PERFORMED ON NOVEMBER 6, 1989, ACCOMPANI ED BY ANOTHER NOTICE OF CONTINUED FAILURE TO SUBMIT A CERTI- FICATION OF CLOSURE, WAS SENT TO LOUIS MAIORANO, JR. ON DE- CEMBER 4, 1989.

Defendants (3)

• AERO PLATING WORKSNamed in settlement
• MAIORANO, LOUIS J., JR.Named in complaintNamed in settlement
• MAIORANO, LOUIS J., SR.Named in complaintNamed in settlement

Facilities (1)

• AERO PLATING WORKS

  1860 N ELSTON, CHICAGO, IL, 60622

  Registry ID: 110000612310

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• MAIORANO, LOUIS J.entered 1995-09-05

  Primary law: RCRA

Timeline (7 milestones)

• 1986-09-18Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-05-18Complaint Filed With Court
• 1995-09-05Final Order Lodged
• 1995-09-05Final Order Entered
• 1995-09-05Concluded
• 1995-09-05Enforcement Action Closed