EPA v. KEY TERMINALS

Case summary

IT IS RECOMMENDED THAT A CIVIL COMPLAINT BE FILED AGAINST PAYNE &DOLAN, INC. P&D IS AN OWNER OF KEY TERMINALS, INC., WHICH OPERATED AFACILITY THAT STORED USED OIL FUELS, INCLUDING HAZ WASTE FUEL. THE KEYTERMINALS FACILITY IS LOCATED AT N MMAIN STREET, KWEAUNEE, WI. ON 7/18/89, THE USEPA AND P&D, AS OPERATOR OF THE KEY TEMRINALSFACILLITY, ENTERED INTO AN ADM CONSET AGREEMENT AND FINAL ORDER IN RCRA# V-W-89-R-02 (CAF0). THE EFFECTIVE DATE OF THE CAFO WAS 7/18/89. PURSUANT TO PARA.B OF THE CAFO, P&D WAS REQUIRED TO SUBMIT TO BOTHEUSEPA AND THE WISCONSIN DEPART OF NATURAL RESOURCES A TANK CLOSURE PLAN,A SOILS SAMPLING AND WASTE ANALYSIS PLAN, AND A CONTAMINATED SOILSREMOVAL PLAN W/I 30 DAYS AFTER THE EFFECTIVE DATE OF THE CAFO. ACCORDINGLY, THE 3 PLANS WERE ALL DUE ON, OR BEFORE, 8/18/89. PARA C OFTHE CAFO PROVIDED THAT UPON APPROVAL BY THE WDNR OF THE CLOSURE ANDREMOVAL PLANS, P&D WOULD IMMEDIALTELY COMPLETE CLOSURE AND REMOVALACTIVITIES IN ACCORDANCW WITH THE SCHEDULES IN THE APPROVED PLANS. P&D HAS VIOLATED THE TERMS OF THE CAFO BY FAILING TO COMPLETECLOSURE ACTIVITIES IN ACCORDANCE WITH THE CAFO, AND BY FAILING TO FULLYIMPLEMENT THE APPROVED TANK CLOSURE PLAN. P&D ALSO VIOLATED THE CAFOBYSYROING HAZ WASTES AT THE SITE IN VIOLATION OF THE APPROVED CLOSUREPLAN, AS WELL AS BY FAILING TO TIMELY SUBMIT THE SOIL REMOVAL PLAN. THIS REFERRA REQUESTS THAT THE U.S. DOJ FILE, PURSUANT TO SECTION3008(A)(1) OF THE RCRA, 42 USC SECTION 6928(A)(1), A CIVIL ACTION INFEDERAL DISTRICT COURT TO ENFORCE THE TERMS OF THE CAFO. AS FURTHERRELIEF, USEPA SEEKS FROM P&D CIVIL PENALTIES, AS PROVIDED BY STATUTE, INTHE AMOUNT OF UP TO $25,000 FOR EACH DAY OF PAST NONCOMPLIANCE WITH THECAFO. ON 9.25/92, IN ACCORDANCE WITH THE REQUIREMENTS OF THE CIFILJUSTICE REFORM EXECUTIVE ORDER NO. 12778 USEPA TRANSMITTED TO P&D ALETTER GIVING NOTICE OF USEPA'S INTENTION TO INITIATE CIVIL LITIGATIONTO ENFORCE THE TERMS OF THE CAFO, AND TO SEEK IMPOSITION OF STATUTUROYPENALTIES. THE EXECUTIVE ORDER LETTER ALSO PROVIDES THE OPPORTUNITY TOSEYTLE THE CLAIMS OF USEPA PRIOR TO THE INITIATION OF CIVL LITIGATION. AS OF THE DATE OF THIS REFERRAL, USEPA HAS NOT RECEIVED A RESPONSE FROMP&D.

Defendants (1)

• PAYNE & DOLAN, INC.Named in complaintNamed in settlement

Facilities (1)

• KEY TERMINALS INCORPORATED

  NORTH MAIN STREET, KEWAUNEE, WI, 54216

  Registry ID: 110001103127

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• PAYNE & DOLANentered 1995-03-17

  Primary law: RCRA

  Federal penalty: $240,000

Timeline (6 milestones)

• 1992-06-30Enforcement Action Data Entered
• 1992-09-29Referred To Dept Of Justice
• 1995-01-09Complaint Filed With Court
• 1995-03-17Final Order Entered
• 1995-03-17Concluded
• 2000-05-19Enforcement Action Closed