EPA v. AMERICAN STEEL FOUNDRIES DIV. OF ARMSTEAD

Case summary

I. SYNOPSIS OF CASE AMERICAN STEEL FOUNDRIES, DIVISION OF AMSTED INDUSTRIES, INC. (ASF) OWNS AND OPERATES A GREEN SAND STEEL CASTING FOUN DRY OPERATION IN ALLIANCE, OHIO. SINCE 1967 ASF OWNED THE OPERATED A DISPOSAL SITE IN NEARBY SEBRING TOWNSHIP FOR DIS- POSAL OF PRODUCTION WASTES. ON AUGUST 4, 1980, ASF SUBMIT- TED A NOTIFICATION OF HAZARDOUS WASTE ACTIVITY, AND ON NOVEM BER 18, 1980, IT SUBMITTED A RCRA PART A PERMIT APPLICATION (ATTACHMENT C). THE APPLICATION WAS ONLY FOR THE SEBRING TOWNSHIP DISPOSAL FACILITY. ON JUNE 25, 1982, THE COMPANY REQUESTED THAT ITS PERMIT APPLICATION BE WITHDRAWN ON THE BA SIS THAT IT ...HAS NOT AND DOES NOT TREAT, STORE OR DISPOSE OF ANY HAZARDOUS WASTES AS DEFINED BY EPA. ON APRIL 19, 19 83, USEPA, REGION V SENT A LETTER TO ASF STATING THAT, BASED UPON THE INFORMATION CONTAINED IN ITS PERMIT APPLICATION AND JUNE 25, 1982, LETTER, ASF WOULD NOT BE REQUIRED TO OBTAIN A PERMIT UNDER SECTION 3005 OF RCRA (ATTACHMENT D). THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) SAMPLED PRODUCTION WASTE AT THE ALLIANCE, OHIO FACILITY ON FEBRUARY 12, 1985, AUGUST 14, 1985. USEPA SAMPLED WASTES AT THE PRO- DUCTION AND DISPOSAL FACILITIES ON AUGUST 6 AND 7, 1986 (AT- TACHMENT B). RESULTS OF ANALYSES OF SUCH SAMPLES INDICATED THAT FACILITY'S ELECTRIC ARC FURNACE DIUST IS A HAZARDOUS WA STE BECAUSE IT EXCEEDS THE 1.0 MG/L CONCENTRATION LEVEL OF CADMIUM AND THE 5.0 MG/L CONCENTRATION OF LEAD AND IS, THERE FORE, EP TOXIC. THE INSPECTIONS ALSO REVEALED THAT ASF TREA TS SUCH HAZARDOUS WASTE AT IT FACILITIY AND TRANSPORTS THE WASTE TO ITS SEBRING TOWNSHIP FACILITY FOR DISPOSAL IN A COM PANY-OWNED LANDFILL. ASF HAS NEVER SUBMITTED A PART A PERMIT APPLICATION FOR THE ALLIANCE, OHIO FACILITY AND, THEREFORE, NEVER HAD INTE- RIM STATUS. THUS, ITS TREATMENT OF HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS IS IN VIOLATION OF S3005 OF RCRA. IN ADDITION, BASED UPON SUCH INSPECTIONS AND A REVIEW OF U.S EPA AND OEPA FILES, ASF'S ALLIANCE, OHIO FACILITY WAS FOUND TO BE IN VIOLATION OF NUMEROUS RCRA REQUIREMENTS APPLICABLE TO FACILITIES WHICH GENERATE AND TRANSPORT HAZARDOUS WASTE. ON AUGUST 6 AND 7, 1986, USEPA SAMPLED ASF'S AT ITS DISPO- SAL FACILITY IN SEBRING TOWNSHIP, OHIO. ANALYSES OF SUCH SAMPLES ALSO REVEALED THAT SUCH WASTES WERE HAZARDOUS AT THE TIME OF DISPOSAL. ASF NEVER SUBMITTED A RCRA PART B PERMIT APPLICATION AND DID NOT CERTIFY COMPLIANCE WITH ALL APPLIC- ABLE GROUNDWATER AND FINANCIAL RESPONSIBILITY REQUIREMENTS BY NOVEMBER 8, 1985, PURSUANT TO SECTION 3005(E2) OF RCRA. THE AUGUST, 1986 INSPECTIONS REVEALED THAT ASF IS CONTINUING TO DISPOSE OF ITS HAZARDOUS WASTE AT THE SEBRING TOWNSHIP FA CILITY. CONSEQUENTLY, THE SEBRING TOWNSHIP FACILITY IS A LA ND DISPOSAL FACILITY THAT IS OPERATING WITHOUT A RCRA PERMIT OR INTERIM STATUS IN VIOLATION OF RCRA. II. STATUTORY BASIS OF REFERRAL SECTION 3005A OF RCRA AS AMENDED, 42 USC S6928A, GIVES EPA THE AUTHORITY TO FILE SUIT IN FEDERAL DISTRICT COURT FOR VIO LATIONS OF S3001 THROUGH S3019 OF RCRA. A. SECTION 3005A OF RCRA DIRECTED EPA TO PROMULGATE REGU- LATIONS REQUIRING EACH PERSON OWNING OR OPERATING AN EXIST- ING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY TO HAVE A PERMIT AND PROHIBITED THE DISPOSAL OF HAZARDOUS WASTE WITHOUT SUCH PERMIT.

Defendants (1)

• AMERICAN STEEL FOUNDRIESNamed in complaintNamed in settlement

Facilities (2)

• AMERICAN STEEL FOUNDRIES ALLIANCE PLANT

  1001 E. BROADWAY ST., ALLIANCE, OH, 446010060

  Registry ID: 110000390238

• AMERICAN STEEL FOUNDRIES

  4831 HOHMAN, HAMMOND, IN, 46327

  Registry ID: 110043086987

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• AMERICAN STEEL FOUNDRIESentered 1992-12-01

  Primary law: RCRA

  Federal penalty: $250,000

Timeline (6 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-13Referred To Dept Of Justice
• 1987-05-26Complaint Filed With Court
• 1992-12-01Final Order Lodged
• 1992-12-01Final Order Entered
• 1992-12-01Concluded