EPA v. DETROIT, CITY OF

Case summary

THE CITY OF DETROIT THROUGH ITS COMMUNITY AND ECONOMIC DEV ELOPMENT(CEDD) OWNS THE OLD MACK AVENUE STAMPING PLANT (OLD MACK) LOCATED AT 11631 MACK AVE., DETROIT, MI., AND HAS VIO- LATED POLYCHLORINATED BIPHENYLS (PCBS) MANUFACTURING, PROCES SING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS PROMUL- GATED AND ENFORCEABLE UNDER THE TOXIC SUBSTANCES CONTROL ACT (TSCA), 15 U.S.C. 2601 ET SEQ. IN DECEMBER 1982, DETROIT BOUGHT OLD MACK FROM ITS ORIGIN- AL OWNER, CHRYSLER CORPORATION. DETROIT, HOWEVER, DID NOT TAKE PHYSICAL POSSESSION OF THE FACILITY UNTIL 1984. IN FEB RUARY 1983, THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) INSPECTED OLD MACK; ADN FOUND NUMEROUS VIOLATIONS OF THE PCB REGULATIONS AND TSCA. AS A RESULT OF THIS INSPEC- TION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY(U.S EPA), REGION V FILED A CIVIL ADMINISTRATIVE COMPLAINT AGAINST DETROIT AND CHRYSLER IN NOVEMBER 1983. THE PARTIES SETTLED THE MATTER THROUGH A CONSENT AGREEMENT AND FINAL OR- DER IN APRIL 1985. ON OCTOBER 30, 1986, DECEMBER 3, 1986, AND DECEMBER 9, 1986, U.S. EPA AND MDNR AGAIN INSPECTED OLD MACK. THESE IN- SPECTIONS REVEALED NEW VIOLATIONS OF THE PCB REGULATIONS AND TSCA. A SECOND ADMINISTRATIVE COMPLAINT WAS FILED AGAINST DETROIT ON APRIL 14, 1987. IN JUNE 1987, DETROIT CONTRACTED TO HAVE PCB SCREENING PERFORMED AT OLD MACK. THIS SCREENING REVEALED WIDE-SPREAD CONTAMINATION, WITH CONCENTRATION LEVELS RANGING FROM 50 PPM TO 954,000 PPM. A TOTAL OF 5 ADMINISTRATIVE CASES WERE FILED AGAINST VARIOUS LEVELS OF THE CITY OF DETROIT. 1. PUBLIC LIGHTENING DEPT. 2. WATER & SEWAGE DEPT. 3. COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. - OLD MARK 4. PIONEER EQUIPMENT SITE 5. CITY OF DETROIT - LYNCH ROAD THE CASES WERE CONSOLIDATED AS IN RE: CITY OF DETROIT, MI., TSCA-V-C-92-87. INITIAL DECISION, AUG. 25, 1989, ASSESSED PENALTY OF $264,000. DECISION WAS APPEALED TO THE EAB, FINAL ORDER IN TSCA APPEAL NO. 89-5, FEBRUARY 7, 1991, WAS $254,000.

Defendants (1)

• DETROIT, CITY OFNamed in complaint

Facilities (1)

• OLD MACK AVENUE STAMPING PLANT

  11631 MACK AVE, DETROIT, MI, 48214

  Registry ID: 110003580651

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Timeline (3 milestones)

• 1988-09-30Referred To Dept Of Justice
• 1989-03-07Complaint Filed With Court
• 1993-02-04Enforcement Action Closed