EPA v. NORTHWAY INDUSTRIES, INC.

Case summary

NORTHWAY OPERATES AN AUTOMOTIVE COATING BUSINESS IN ROSEVILLE, MICHIGAN. ON FEB. 19, 1987, THE MICHIGAN DEPT. OF NATURAL RESOURCES (MDNR) CONDUCTED AN INSPECTION OF NORTH WAY'S FACILITY AND NOTED A NUMBER OF VIOLATIONS OF HAZARDOUS WASTE REGULATIONS. AFTER MDNR REFERRED THE CASE TO USEPA FOR ENFORCEMENT, THE AGENCY ISSUED A COMPLAINT ON AUGUST 4, 1987. THE COMPLAINT WAS RESOLVED THROUGH A CONSENT AGREE- MENT AND FINAL ORDER (CAFO) ENTERED ON APRIL 18, 1988. THE CAO REQUIRED NORTHWAY TO SUBMIT EVIDENCE OF COMPLI- ANCE WITH TEN REGULATORY REQUIREMENTS AND TO PAY A PENALTY OF $5,000. THE PENALTY WAS TO HAVE BEEN PAID IN FIVE INSTAL LMENTS, BEGINIINIG ON MAY 18, 1988. TO DATE, NORTHWAY HAS MADE NO PAYMENTS AND SUBMITTED NO EVIDENCE OF COMPLIANCE, DESPITE REPEATED REMINDERS AND WARNINGS FROM THE AGENCY. USEPA CONSIDERS NORTHWAY'S FAILURE TO COMPLY WITH THE TERMS OF THE CAFO A SERIOUS OFFENSE. THE ABILITY OF FEDERAL AND STATE GOVERNMENT TO REGULATE HAZARDOUS WAST ACTIVITY EFFICIENTLY DEPENDS UPON THE ABILITY TO ENFORCE ADMINISTRA- TIVE ORDERS. TO TOLERATE NORTHWAY'S INACTION WOULD ENCOUR- AGE A LAX ATTITUDE TOWARD RCRA COMPLIANCE ON THE PART OF NORTHWAY AND THE REGULATED COMMUNITY AT LARGE.

Defendants (2)

• NORTHWAY INDUSTRIES, INC.Named in complaintNamed in settlement
• WAYDE, MARK T.Named in complaintNamed in settlement

Facilities (1)

• NORTHWAY INDUSTRIES INC

  27930 GROESBECK HWY, ROSEVILLE, MI, 48066

  Registry ID: 110003608551

Statutes cited

• RCRA 3008C — Violation of Compliance Order

Enforcement conclusions (1)

• NORTHWAY INDUSTRIESentered 1992-06-17

  Primary law: RCRA

  Federal penalty: $11,000

Timeline (7 milestones)

• 1988-11-01Enforcement Action Data Entered
• 1989-09-22Referred To Dept Of Justice
• 1990-10-19Complaint Filed With Court
• 1992-06-17Final Order Lodged
• 1992-06-17Final Order Entered
• 1992-06-17Concluded
• 1992-06-17Enforcement Action Closed