EPA v. ROGERS PETRO-CHEM, INC.

Case summary

THE SITE IS LOCATED AT RURAL ROUTE #1, GROVE CITY, MINNESOTA, WHICH ALSO SERVES AS THE CURRENT RESIDENCE FOR INDIVIDUAL DEFENDANTS ARTHUR DEWAYNN ROGERS AND KATHLEEN ROGERS. IN EARLY 1981, THE SITE WAS INSPECTED BY THE MINNESOTA POLLUTION CONTROL AGENCY AND DETERMINED TO BE IN VIOLATION OF APPLICABLE STATE AND FEDERAL HAZARDOUS WASTE REGULATIONS. A 1984 SITE INSPECTION CONDUCTED BY THE U.S. EPA NATIONAL ENFORCEMENT INVESTIGATIONS CENTER REVEALED THE PRESENCE OF POLYCHLORINATED BIPHENYL (PCB) CONCENTRATIONS IN EXCESS OF LEGALLY ALLOWABLE LIMITS. THE SITE REMAINS CONTAMINATED. THE DEFENDANTS WERE THE SUBJECT OF AN ADMINISTRATIVE ACTION INSTITUTED BY THE AGENCY ON MARCH 30, 1984. ON FEBRUARY 27, 1985, ADMINISTRATIVE LAW JUDGE MARVIN E. JONES ISSUES AN INITIAL DECISION TO THE DEFENDANTS ASSESSING A $60,000 CIVIL PENALTY AND ORDERING COMPLIANCE WITH RCRA REGULATIONS. THE ORDER WAS RECEIVED BY THE DEFENDANTS MARCH 9, 1985, AND THEREFORE RIPENED INTO A FINAL ORDER ON APRIL 23, 1985. DESPITE AMICABLE DEMAND MADE BY THE OFFICE OF REGIONAL COUNSEL, REGION V, DEFENDANTS HAVE NEITHER PAID THE ASSESSED PENALTY NOR OTHERWISE COMPLIED WITH JUDGE JONES' ORDER. WE REQUEST THAT YOU REFER THIS CASE TO THE DEPARTMENT OF JUSTICE FOR INITIATION OF A CIVIL ACTION TO ENFORCE THE PROVISIONS OF THE FINAL ORDER REQUIRING DEFENDANTS TO PAY $60,000 TO U.S. EPA IN CIVIL PENALTIES AND TO COME INTO COMPLIANCE WITH RCRA.

Defendants (3)

• ROGERS, ARTHUR DE WAYNN
• ROGERS, KATHLEEN
• ROGER PETRO-CHEM, INC.Named in complaintNamed in settlement

Facilities (1)

• ROGERS PETRO CHEMICAL INCORPORATED

  HWY 12, GROVE CITY, MN, 56243

  Registry ID: 110000910523

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• ROGERS PETRO-CHEM, INC.entered 1988-04-20

  Primary law: RCRA

  Federal penalty: $75,000

Timeline (6 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1987-03-04Complaint Filed With Court
• 1988-04-20Final Order Lodged
• 1988-04-20Final Order Entered
• 1988-04-20Concluded
• 1992-04-10Enforcement Action Closed