EPA v. AUTO-ION CHEMICAL

Case summary

AUTO-ION CHEMICAL COMPANY COMMENCED OPERATIONS IN 1964 AS A PLATING WASTE TREATMENT FACILITY. THE PLANT WAS ORIGINALLY DESIGNED TO PRECIPITATE THE HEAVY METALS FROM CHROME AND CYANIDE WASTE. THE RESULTING SLUDGE WAS THEN TO BE DISPOSED OF AT A SUITABLE DUMP SITE AND THE SUPERNATANT, CREATED IN THE CYANIDE WASTE TREATMENT, WAS TO BE DISCHARGED INTO THE SANITARY SEWER SYSTEM. HOWEVER, INADEQUATE WASTE TREATMENT AND STORAGE LED TO A MULTITUDE OF SPILLS AND ILLIGAL DIS- CHARGES INTO THE KALMAZOO RIVER, AND STORM AND SANITARY SEW- ER SYSTEMS. - DURING THE PLANT'S OPERATIONS, SEVERAL VIOLATIONS WERE DIS- COVERED BY LOCAL GOVERNMENT OFFICIALS. THESE OFFICIALS RE- PORTED UNAPPROVED DISCHARGES INTO SANITARY LINES AND INTO THE KALAMAZOO RIVER DIRECTLY. IN ADDITION, OFFICIALS NOTED A LACK OF DIKING AROUND STORAGE TANKS AND THE PRESENCE OF UN LABELED, LEAKING DRUMS. - THE WATER RESOURCE HEARING COMMISSION MADE THE DETERMINATION THAT AUTO-ION HAD VIOLATED PROVISIONS OF THE LIQUID INDUSTRI AL WASTE ACT, MICH. STAT. ANN. SECTIONS 3.533(101) ET. SEQ., AND THE WATER RESOURCES ACT, MICH. STAT. ANN. SECTIONS 3.521 ET. SEQ. IN ADDITION, IT IS BELIEVED THAT ORGANIC FERTILI- ZER WASTE MAY HAVE BEEN LEFT ON SITE BY AN ORGANIC FERTILI- ZER COMPANY WHICH OPERATED OUT OF ONE OF THE BUILDINGS ON SITE DURING THE LATE 1960'S. AUTO-ION'S LICENSE TO HAUL LIQUID WASTES AND CERTIFICAITON AS A WASTE TREATMENT FACILI- TY WERE NOT RENEWED IN 1973. - WHEN AUTO-ION CEASED OPERATION, THE MAIN BUILDING WAS ABAN- DONED WITH UNCONTAINED WASTE IN THE BASEMENT, I.E. THE BASE- MENT WAS FLOODED WITH LIQUID WASTE. THERE WERE SEVERAL STORAGE TANKS, A BLOCK HOUSE ON THE RIVER, A CONCRETE LAGOON CONTAINING LIQUID WASTE, AND AN ASSORTMENT OF DRUMS LEFT ON THE SITE. -

Defendants (4)

• AMERACE CORPORATION
• AUTO ION CHEMICALNamed in complaintNamed in settlement
• BRUNSWICK CORPORATION
• SHELLER-GLOBE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• AUTO ION CHEMICALS INCORPORATED

  74 MILLS STREET, KALAMAZOO, MI, 49001

  Registry ID: 110003617220

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 122H3 — Superfund
• CERCLA 104E3 — Entry Access
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SHELLER-GLOBE/AUTO IONentered 1991-03-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-05-01Enforcement Action Data Entered
• 1989-09-01PRN Sent
• 1990-05-18Referred To Dept Of Justice
• 1990-08-28Complaint Filed With Court
• 1991-03-28Final Order Lodged
• 1991-03-28Final Order Entered
• 1991-03-28Concluded