EPA v. CHEMICAL WASTE MGMT. - VICKERY

Case summary

CHEMICAL WASTE MANAGEMENT, INC., 3003 BUTTERFIELD ROAD, OAK BROOK, IL 60521(OFFICE) AND 3956 STATE ROUTE 412, VICKERY, OHIO 43464(FACILITY). CWM HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE MANAGMENT FACILITY WHICH INCLUDES SEVERAL SURFACE IMPOUND- MENTS THAT DO NOT HAVE INTERIM STATUS AND ARE NOT INCLUDED IN IN CWM'S RCRA PERMIT. IN ADDITION, CWM HAS VIOLATED TWO PROVISIONS OF THE CONSEN AGREEMENT AND FINAL ORDER(CAFO) OF APRIL 5, 1985, BETWEEN CWM AND U.S. EPA. PRELIMINARY AND PERMANENT INJUNCTIONS WHICH WOULD PROHIBIT CWM FORM MANAGING HAZARDOUS WASTE IN LAND DISPOSAL UNITS AT THE VICKERY FACILITY THAT LACK INTERIM STATUS OR HAVE NOT OBTAINED A RCRA PERMIT, AND WOULD REQUIRE CWM TO CLOSE THESE UNITS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST CWM IN THE AMOUNT OF UP TO $25,000 PER DAY PER VIOALTION, PURSUANT TO SECTION 3008(G) OF RCRA. IN REGARD TO THE CAFO VIOLAITONS, THE AGENCY RECOMMENDS JUDI CIAL ENFORCEMENT OF THE CAFO AND DECLARATORY RELIEF. AS A RESULT OF ITS INSPECTIONS DURING THE WEEKS OF APRIL 6 AND APRIL 13, 1987, U.S. EPA UNCOVERED NUMEROUS VIOLATIONS OF FEDERAL REGULATIONS AT CWM'S VICKERY FACILITY. U.S. EPA NOTIFIED CWM OF THESE VIOLATIONS VERBALLY DURING THE INSPEC- TIONS AND BY MAIL ON BOTHE JUNE 18 AND AUGUST 27, 1987. ON JULY 10 AND SEPTEMBER 4, 1987, CWM RESPONDED TO THESE NOTI- FICATION LETTERS AND DISPUTED U.S. EPA'S DETERMINATION THAT CWM IS IN VIOLATION OF BOTH THE FEDERAL REGULATIONS AND THE CAFO. THE FILING OF A CIVIL ACTION TO ENJOIN CWM FROM OPERATING PART OF ITS FACILITY WILL SEND A CLEAR SIGNAL TO THE REGU- LATED COMMUNITY THAT U.S. EPA DEMANDS COMPLIANCE WITH ITS PERMITTING SYSTEM. MOREOVER, THE FILING OF A CIVIL ACTION WILL DEMONSTRATE TO THE REGULATED COMMUNITY THAT CONTINUED UNJUSTIFIABLE INTRANSIGENCE AND NONCOOPERATION WILL NOT BENEFIT A VIOLATOR ECONMICALLY, AND ALSO WILL LEAD TO ESCA- LATED, AGGRESSIVE ENFORCEMENT OF U.S. EPA'S REGULATORY PRO- GRAM. REPRESENTATIVES OF U.S. EPA REGION V, RCRA ENFORCEMENT SEC- TION AND U.S. EPA HAZARDOUS WASTE GROUND WATER TASK FORCE CONDUCTED INSPECTIONS OF THE FACILITY DURING THE WEEKS OF APRIL 6 AND APRIL 13, 1987. ALSO, U.S. EPA RECORD KEEPERS CAN TESTIFY THAT CWM FAILED TO COMPY WITH APPLICABLE RCRA PERMITTING REQUIREMENTS AND FAILED TO SUBMIT TIMELY REPORTS AS REQUIRED UNDER THE CAFO. THE CURRENT VIOLATIONS AT THE VICKERY FACILITY CAME TO U.S. EPA'S ATTENTION AS A RESULT OF ITS INVESTIGATION OF THE FA- CILITY DURING THE WEEKS OF OF APRIL 6 AND APRIL 13, 1987. VICKERY, ONE OF CWMS LARGEST CHEMICAL WASTE MANAGEMENT FACI- LITIES, HAS BEEN THE SUBJECT OF MUCH PUBLICITY SINCE THE DISCOVERY, IN 1983, OF EXTENSIVE PCB CONTAMINATION AT THE FACILITY. AFTER EXTENSION NEGOTIATIONS, CWM SETTLED WITH BOTH THE STATE OF OHIO AND U.S. EPA FOR AN UNPRECEDENTED TO- TAL PENALTY OF $12.5 MILLION. THE AMOUNT TO THIS PENALTY, ALONG WITH THE STRINGENT REQUIREMENTS OF THE SETTLEMENTS WITH WHICH CWM MUST COMPLY, REFLECTS THE GRAVITY OF THE POTENTIAL HARM THAT THIS FACILITY CAN CAUSE THE ENVIRONMENT.

Defendants (1)

• CHEMICAL WASTE MGMT.Named in complaintNamed in settlement

Facilities (1)

• VICKERY TRANSPORTATION INC.

  3956 STATE ROUTE 412, VICKERY, OH, 43464

  Registry ID: 110024528368

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CHEMICAL WASTE MGT, INC.entered 1990-11-30

  Primary law: RCRA

  Federal penalty: $750,000

Timeline (6 milestones)

• 1987-09-29Referred To Headquarters
• 1987-11-10Referred To Dept Of Justice
• 1988-09-16Complaint Filed With Court
• 1990-11-30Final Order Lodged
• 1990-11-30Final Order Entered
• 1990-11-30Concluded