EPA v. INDIANA STEEL & WIRE

Case summary

CASE SYNOPSIS THE INDIANA STEEL AND WIRE COMPANY (DEFENDANT) STORES SUPERNATANT FROM SPENT PICKLE LIQUOR TREATMENT, A HAZARDOUS WASTE, IN A SURFACE IMPOUNDMENT AT ITS FACILITY WITHOUT A PERMIT OR INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF RCRA. THE INTERIM STATUS OF DEFENDANT FOR ITS SURFACE IMPOUNDMENT TERMINATED BY OPERATION OF LAW ON NOVEMBER 9, 1985, BECAUSE DEFENDANT DID NOT CERTIFY THAT THIS SURFACE IMPOUNDMENT WAS IN COMPLIANCE WITH ALL APPLICABLE GROUND- WATER MONITORING REQUIREMENTS AS REQUIRED BY SECTION 3005 (E) (2). IN AN INSPECTION CONDUCTED BY THE INDIANA DEPART- MENT OF ENVIRONMENTAL MAMAGEMENT (IDEM) ON JULY 16, 1986, THE GOVERNMENT DOCUMENTED THAT THE SURFACE IMPOUNDMENT IS STILL BEING UTILIZED BY THE DEFENDANT FOR THE STORAGE OF THE SUPERNATANT, A LISTED HAZARDOUS WASTE. EXISTING GROUNDWATER MONITORING AND ELECTRICAL RESTIVI- TY TESTING AT DEFENDANT'S FACILITY HAVE DOCUMENTED THE RE- LEASE OF CYANIDE, A HAZARDOUS WASTE, INTO THE ENVIRONMENT FROM THE FACILITY. THIS CIVIL LITIGATION REPORT REQUESTS THE INITIATION OF A CIVIL ACTION PURSUANT TO SECTION 3008(A) FOR INJUNCTIVE RELIEF AND PENALTIES FOR THE VIOLATION OF SECTION 3005 AND THE IMPLEMENTING REGULATIONS, AND INJUNCTIVE RELIEF UNDER SECTION 3008(H) CORRECTIVE ACTION AUTHORITY TO ADDRESS THE DOCUMENTED RELEASE OF HAZARDOUS WASTE FROM THE FACILITY. RE-REFERRAL IN DECEMBER 1986, REGION V SENT TO HQ A REFERRAL PACKAGE REQUESTING THAT THE DOJ FILE A CIVIL ACTION AGAINST THE INDI ANA STEEL AND WIRE ( IS&W) FACILITY. HOWEVER, ON NOV. 3, 19 87, AND PRIOR TO THE FILING OF A COMPLAINT AGAINST IS&W, RE- GION V WITHDREW THE REFERRAL. CONSISTENT WITH OUR POLICY AND THE NOV. 3, 1987, MEMORANDUM WITHDRAWING THE IS&W REFER- RAL, REGION V IS NOW REFERRING THIS MATTER FOR THE FILING OF A CIVIL ACTION AGAINST IS&W. THE COMPLAINT AGAINST IS&W ASKS FOR RELIEF FOR VIOLATIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ) SECT 3005 AND FOR CORRECTIVE ACTION PURSUANT TO RCRA SECT 3008H. THE ALLEGED VIOLATIONS PRIMARILY CONSIST OF GROUNDWATER MONI TORING AND FINANCIAL VIOLATIONS AND CONTINUED OPERATION OF THE FACILITY FOLLOWING LOSS OF INTERIM STATUS ( LOIS ). IN ADDITION, THE RELEASE OF CYANIDE TO THE ENVIRONMENT HAS BEEN DOCUMENTED, NECESSITATING CORRECTIVE ACTION. THE REFERRAL WAS WITHDRAW TO BETTER DEVELOP THE FACTS SUP- PORTING THE COMPLAINT. IN PARTICULAR, IS&W RELIED UPON FOUR INDEPENDENT ARGUMENTS, CONTENDING THAT ITS FACILITY WAS NOT SUBJECT TO RCRA. THOSE ARGUMENTS WERE CONCISELY ARTICULATED BY IS&W IN A JUNE 13, 1989, LETTER. BASED UPON THESE ARGU- MENTS AS THEY WERE PRESENTED IN 1987, THE LITIGATION TEAM DETERMINED THAT THE COMPLAINT MAY BE VULNERABLE TO A SUMMARY JUDGMENT MOTION, AND RECOMMENDED WITHDRAWAL OF THE REFERRAL. SUBSEQUENT TO WITHDRAWAL OF THE REFERRAL, THE LITIGATION TEAM CONTINUED SETTLEMENT NEGOTIATIONS, WHILE EVALUATING IS& W CONTENTIONS. ON SEPT. 19, 1989, JOHN FOGARTY, AN ATTORNEY-ADVISOR ON YOUR STAFF, COMPLETED HIS REVIEW OF THE ADMINISTRATIVE RE- CORDS IN HQ, REGARDING IS&W'S DELISTING PETITIONS AND REGARD ING A JUNE 5, 1984, FINAL RULE. MR. FOGARTY'S SEPT. 19, 19 89, LETTER CONCLUDES THAT THE IS&W FACILITY'S STATUS AS A RCRA REGULATED FACILITY REMAINS UNCHANGED BY THE DELISTING PETITIONS AND THE JUNE 5, 1984, FINAL RULE.

Defendants (2)

• GK TECHNOLOGIES, INC.Named in complaintNamed in settlement
• INDIANA STEEL & WIRENamed in complaintNamed in settlement

Facilities (1)

• INDIANA STEEL & WIRE ACQUISTIONS COMPANY LIMITED

  2200 E. JACKSON ST., MUNCIE, IN, 47303

  Registry ID: 110000402546

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (2)

• INDIANA STEEL AND WIREentered 1992-01-02

  Primary law: RCRA

  Federal penalty: $450,000

• INDIANA STEEL & WIRE - GK TECHNOLOGIESentered 1999-09-13

  Primary law: RCRA

Timeline (5 milestones)

• 1989-12-11Referred To Dept Of Justice
• 1990-12-31Complaint Filed With Court
• 1997-08-28Enforcement Action Data Entered
• 1999-07-10Final Order Lodged
• 1999-09-13Final Order Entered