EPA v. HARRISON COUNTY OHIO

Case summary

THIS REFERRAL SEEKS TO ENFORCE THE REQUIREMENTS OF A CONSENT AGREEMENT AND FINAL ORDER ISSUED IN THE MATTER OF HARRISON COUNTY, V-W-012-92, A RCRA ADMINISTRATIVE ENFORCEMENT ACTION BROUGHT PURSUANT TO RCRA SECTION 3008(A). THAT ACTION WAS THE RESULT OF THE ILLEGAL DISPOSAL OF ABOUT 50 DRUMS OF WASTE MATERIALS FROM THE HARRISON COUNTY GARAGE AT AN ILLEGAL DISPOSAL SITE AT A NEARBY EQUIPMENT STORAGE AREA. THE GARAGE AND THE DISPOSAL SITE ARE LOCATED ABOUT QUARTER OF A MILE APART AND LOCATED ALONG ROUTE 9 ABOUT 1 MILE NORTH OF CADIZ, OHIO. THE STATE OF OHIO RECEIVED A TIP ABOUT THE ILLEGAL DISPOSAL IN NOVEMBER 1989. THE STATE INSPECTED THE SITE ON APRIL 24, 1990 AND CONFIRMED THE BURIAL OF DRUMS. THE WASTES WERE EXHUMED IN FEBRUARY 1991 AND SAMPLES OF SEVERAL DRUMS INDICATED HAZARDOUS WASTE CHARACTERISTIC. U.S. EPA ISSUED A COMPLAINT AGAINST HARRISON COUNTY IN THE ABOVE ADMINISTRATIVE ACTION ON FEBRUARY 3, 1992. A CAFO EFFECTIVE AUGUST 3, 1993 WAS ENTERED. THE COUNTY AGREED TO PAY A $24,000 PENALTY AND TO SUBPART A CLOSURE AND POST CLOSURE PLAN, PLUS A GROUNDWATER ASSESSMENT. FINALLY, THE COUNTY WAS TO COMPLY WITH APPLICABLE FINANCIAL ASSURANCE REQUIREMENTS. THE REFERRAL SEEKS ENFORCEMENTS OF CERTAIN REQUIREMENTS OF CAFO RELATED TO THE COUNTY'S FAILURE TO OBTAIN FINANCIAL ASSURANCE FOR CLOSURE AND POST CLOSURE WORK. THE COUNTY HAS A PLAN FOR CLOSURE PENDING WITH OEPA SINCE BEFORE NOVEMBER 1983. THE COUNTY HAS ATTEMPTED TO PUT OFF REQUIREMENTS FOR FINANCIAL ASSURANCE UNTIL AFTER OEPA APPROVAL THEIR PLAN DESPITE REPEATED WARNINGS THAT THEY ARE IN VIOLATION OF THE CAFO WHICH REQUIRED COMPLIANCE BY NOVEMBER 3, 1993. OEPX APPROVED HARRISON COUNTY'S CLOSURE PLAN IN 2001, DESPITE THE PLAN'S LACK OF FINANCIAL ASSURANCE FOR CLOSURE.

Defendants (1)

• HARRISON COUNTY OHIO

Facilities (1)

• HARRISON CO HWY DEPT

  RTE 9 LINCOLN AVE, CADIZ, OH, 43907

  Registry ID: 110007715277

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Timeline (4 milestones)

• 1992-02-03Enforcement Action Data Entered
• 1995-07-20Referred To Dept Of Justice
• 1997-10-10Complaint Filed With Court
• 2005-07-01Enforcement Action Closed