EPA v. VULCAN MATERIALS COMPANY

Case summary

VULCAN MATERIAL COMPANY IS SUBJECT TO RCRA ENFORCEMENT DUE TO FAILURE TO COMPLY WITH REVISED WISCONSIN REGULATORY REQUIREMENTS. VULCAN HAD INITIALLY BEGUN CLOSURE IN AC- CORDANCE WITH PRE JUNE 1985 WISCONSIN WASTE PILE AND CON- TAINER STORAGE FACILITY CLOSURE REQUIREMENTS. HOWEVER IN JUNE 1985 THE WISCONSIN REGULATIONS WERE REVISED, SUBSE- QUENTLY IMPOSING STRICTER REQUIREMENTS. VULCAN DID SUB- MIT A REVISED CLOSURE PLAN, BUT THIS PLAN WAS INADEQUATE, SINCE IT WAS ESSENTIALLY THE SAME AS THE PRE 1985 PLAN. VULCAN HAS ALSO PETITIONED FOR DELISTING OF THE SOIL BE- NEATH ITS WASTE FILE AND STORAGE AREA, AND INSISTS NO AC- TION BE TAKEN UNTIL THE DELISTING IS RESOLVED. USEPA SEEKS CLOSURE IN ACCORDANCE WITH CURRENT REQUIREMENTS.

Defendants (1)

• VULCAN MATERIALS COMPANYNamed in complaintNamed in settlement

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• VULCAN MATERIALS COMPANYentered 1989-11-22

  Primary law: RCRA

  Federal penalty: $9,950

Timeline (4 milestones)

• 1988-03-29Enforcement Action Data Entered
• 1988-03-29Complaint Filed/Proposed Order
• 1989-11-22Final Order Issued
• 1989-12-14Enforcement Action Closed