EPA v. CHEM CLEAR, INC.

Case summary

I. SYNOPSIS OF THE CASE THE REGIONAL ADMINISTRATIVE FOR THE U.S. ENVIRONMENTAL PRO TECTION AGENCY, REGION V (USEPA) SEEKS THE FILING OF A CIVIL ACTION IN U.S. DISTRICT COURT TO ENFORCE A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED AGAINST THE DEFENDANT UNDER SE CTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RC RA), 42 USC S6928. THE PROPOSED COURT ACTION WOULD ALSO SEEK CIVIL PENALTIES FOR VIOLATION OF THE ORDER ITSELF. CHEM CLEAR, INC., (CHEM CLEAR) OWNS AND OPERATES AN EXIST- ING HAZARDOUS WASTE MANAGEMENT FACILITY AT 2900 BROADWAY, CLEVELAND, OHIO. ON JANUARY 21, 1983, AND AUGUST 10, 1983, THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) INSPECTED THE FACILITY AND DETERMINED THAT CHEM CLEAR WAS IN VIOLATION OF RCRA AND NUMEROUS IMPLEMENTING REGULATIONS IN 40 CFR PART 265. THE USEPA ISSUED AN ADMINISTRATIVE COMPLAINT ON DECEM- BER 30, 1983, PURSUANT TO SECT 3008 OF RCRA, 42 USC S6928. SEE ATTACHMENT A. THIS ENFORCEMENT ACTION WAS SUBSEQUENTLY SETTLED BY THE EXECUTION OF THE CAFO ON MARCH 4, 1985. THE CAFO REQUIRED THE RESPONDENT TO ACHIEVE COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR PART 265, AND COMPLETE SPECIFIED ACTI ONS BY SPECIFIED DATES, INCLUDING THE CLEANING AND DECONTAMI NATING TANKS AT THE FACILITY AS 1, 2 AND 3, AND TO PAY A CI- VIL PENALTY OF FORTY-FIVE THOUSAND DOLLARS ($45,000) ON A MONTHLY PAYMENT SCHEDULE. SUBSEQUENT TO ENTRY OF THE CAFO, THE RESPONDENT HAS VIOLATED MULTIPLE SECTIONS OF 40 CFR PART 265, HAS FAILED TO CLEAN AND DECONTAMINATE TANK #3 BY THE JU LY 30, 1986, DEADLINE REQUIRED BY THE CAFO, AND HAS MADE SE- VERAL DELINQUENT PAYMENTS UNDER THE PENALTY SCHEDULE. CHEM CLEAR HAS SHOWN A CAVALIER ATTITUDE TOWARD THE CAFO BY DIS- REGARDING THE ESTABLISHED TIME FRAMES, AND ALLOWING ADDITION AL VIOLATIONS OF RCRA TO OCCUR. SHOULD THIS DELIBERATE REBU FF OF A NEGOTIATED AGREEMENT GO UNCHECKED, THE REGULATED COM MUNITY WILL PERCEIVE SETTLEMENT WITH THE GOVERNMENT AS AN AT TRACTIVE ALTERNATIVE TO LITIGATION. FOR THESE REASONS, AND TO AVOID FURTHER DELAY IN MITIGATING THE HARM POSED TO THE ENVIRONMENT AND PUBLIC HEALTH, USEPA SEEKS ENFORCEMENT OF THE CAFO AND ASSESSMENT OF ADDITIONAL CIVIL PENALTY OF SIXTY THOUSAND THREE HUNDRED DOLLARS ($60,300). II. STATUTORY BASIS OF REFERRAL THE USEPA PROMULGATED HAZARDOUS WASTE REGULATIONS IMPLEMEN TING SECTIONS 3004 AND 3005 OF RCRA, 42 USC SS6924 AND 6925, AND 40 CFR PARTS 260 THROUGH 271. SECTION 3005E IS SPECIFI- CALLY IMPLEMENTED BY 40 CFR 270.1B.

Defendants (1)

• CHEM CLEAR, INC.Named in complaint

Facilities (1)

• CLEAN HARBORS OF CLEVELAND, INC.

  2900 BROADWAY, CLEVELAND, OH, 44115

  Registry ID: 110008491827

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (6 milestones)

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