EPA v. COPPER RANGE COMPANY

Case summary

ADDENDUM TO 9/25/92, EXPEDITED CIVIL REFERRAL AGAINST COPPER RANGECOMPANY, INC. THE 9/25/92, LITIGATION REPORT DOCUMENTED VIOLATIONS OF THE CAA, 42USC SECTION 7413. COPPER RANGE COMPANY, INC., HAS ALSO VIOLATED THENOTIFICATION PROVISIONS OF SECTION 103 CERCLA, 42 USC SECTION 9603 ANDSECTION 304 OF EPCRA, 42 USC SECT 11004. THESE PRIVISIONS REQUIRE THEOWNER OR OPERATOR OF A FACILITY TO IMMEDIATELY NOTIFIY THE NATUONALRESPONSE CENTER UNDER CERCLA, THE STATE EMERGENCY RESPONSE COMMMISION(SERC) UNDER EPCRA, AND THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)UNDER EPCRA IF A RELEASE OF A HAZARDOUS SUBSTANCE IN EXCESS OF AREPORTABLE QUANTITY FROM A FACILITY OCCURS. IN ADDITION, THE OWNER OROPERATORY IS REQUIRED BY SECTION 304(C) OF EPCRA TO PROVIDE, AS SOON ASPRACTICABLE, A FOLLOW-UP WRITTEN NOTICE TO BOTH THE SERC AND THE LEPCDETAILING THE NATURE OF THE RELEASE AND THE ACTIONS TAKEN IN RESPONSE TOTHE RELEASE. THIS ADDENDUM IS BASED BOTH ON THE INFORMATION CONTAINED IN THE9/25/92, REFERRAL AND INFORMATION OBRAINED FROM THE NATIONAL EMERGENCYRESPONSE CENTER, THE SERC, AND THE LEPC. CONTACT WITH THE NATIONALRESPONSE CENTER, THE SERC, AND THE LEPC DEMONSTRATES THAT NONOTIFICATIONS OR WRITTEN FOLLOW-UPS WERE RECEIVED, IN VIOLATIONS OFCERCLA AND EPCRA. THIS CASE IS SIGNIFICANT IN THAT COPPER RANGE COMPANY JEOPARDIZEDTHE HEALTH AND SAFETY OF RESIDENTS IN THE AREA AND EMPLOYEES AT THE SITEBY VIOLATING THE NOTICE PROVISIONS AT BOTH THE STATE AND LOCAL LEVELS. ON 8/14/92, THE NATIONAL WILDLIFE FEDERATION NWF FILED A CITIZEN'SSUIT AGAINS THE COPPER RANGE COMPANY FOLLOWING ISSUANCE OF A NOTICE OFINTENT TO SUE TO USEPA. ON 8/21/92, USEPA ISSUED A NOTIC OF VIOLATIONTO THE COPPER RANGE CO STATING TH NATURE OF THE RESPONDENT'S VIOLATIONSOF THE CAA. REGION 5 SEEKS IMPOSITION OF A MINIMUM CIVIL PENALTY OF $266,000 FORTHE CERCLA DN EPCRA VIOLATIONS IN THIS CASE. THE ATTACHED REPORTIDENTIFIES THE RECOMMENDED DEFENDANT AND RECOMMENDED WITNESSESS. EVIDENCE SUPPORTING RECOMMENDATION THAT A COMPLAINT BE FILED IS PROVIDEDIN DOCUMENTS ENCLOSED AS PART OF THE REFERRAL PACKAGE. USEPA RECOMMENDSTHAT ACIVIL ACTION BE FILED IN THE FOR OF A MOTION TO INTERVENE IN THENATIONAL WILDLIFE FEDERATION SUIT, SEEKING INJUNCTIVE RELEIF ANDPENALTIES FOR PAST VIOLATIONS. STACK TEST VIOLATIONS AND FAILURE TO PROVIDE NOTIFICATIONS OF RELEASES OF HAZARDOUS SUBSTANCES.

Defendants (1)

• COPPER RANGE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• COPPER RANGE COMPANY

  1 WILCOX RD., WHITE PINE, MI, 499710100

  Registry ID: 110001130534

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• COPPER RANGE COMPANYentered 1995-04-05

  Primary law: CAA

  Federal penalty: $1,600,000

Timeline (7 milestones)

• 1992-08-21Enforcement Action Data Entered
• 1992-09-30Referred To Dept Of Justice
• 1994-04-28Complaint Filed With Court
• 1995-04-05Final Order Lodged
• 1995-04-05Final Order Entered
• 1995-04-05Concluded
• 1998-03-01Enforcement Action Closed