EPA v. R.R. DONNELLEY & SONS

Case summary

THE AMENDED COMPLAINT IN THIS MATTER, FILED ON SEPTEMBER 22, 1995 ALLEGES THAT THE WASTEWATER TREATMENT SLUDGE GENERATED AT R.R. DONNELLEY'S ( DONELLEY ) GRAVURE PRINTING FACILITY IN WARSAW, INDIANA IS A RCRA F006LISTED WASTE. (WITH CERTAIN LIMITED EXCEPTION THE F006 LISTING GENERICALLY COVERS WASTE- WATER TREATMENT FROM ALL ELECTROPLATING PROCESSES, REGARD- LESS OF THEIR SOURCE.) THE AMENDED COMPLAINT ALLEGES THAT DONNELLEY FAILED TO SUBMIT LAND DISPOSAL RESTRICTION NOTIFICATIONS WITH THREE SHIPMENTS OF ITS F006 WASTES AND, ON TWO OCCASIONS, STORED THE F006 WASTES FOR A PERIOD LONGER THAN 90 DAYS, IN VIOLATION OF 40 C.F.R. 262.7(A)(1), 262.7(A)(7), AND 268.50(A)(1). U.S. EPA'S AMENDED COM- PLAINT PROPOSED A CIVIL PENALTY OF $209,950. BY MEANS OF CROSS-MOTIONS FOR ACCELERATED DECISION, THE ISSUE OF WHETHER THE F006 LISTING COVERS THE WASTEWATER TREATMENT SLUDGES GENERATED FROM THE ELECTROPLATING PROCESS OF THE PRINTING AND PUBLISHING INDUSTRY WAS DECIDED IN U.S. EPA'S FAVOR. THE COURT RESERVED FOR TRIAL, HOWEVER, THE ISSUE OF WHETHER DONNELLEY'S GRAVURE PRINTING PROCESSES INVOLVE ELECTROPLATING. THE AGREED SETTLEMENT INCLUDES: (1) PAYMENT OF A CIVIL PENLTY IN THE AMOUNT OF $29,000; (2) COMPLETION OF FOUR SUPPLEMENTAL ENVIRONMENTAL PROJECTS ( SEPS ), VALUED COLLECTIVELY BY U.S. EPA'S PROJECT MODEL AT APPROXIMATELY $142,000; AND (3) AGREEMENT TO HANDLE THE WASTEWATER TREAT- MENT SLUDGES AS F006 HAZARDOUS WASTE UNLESS OR UNTIL: (A) THE WASTE IS DELISTED PURSUANT TO 40 C.F.R. 260.22; OR (B) A REGULATORY CHANGE HAS RENDERED THE WASTE NON-HAZARDOUS AND DONNELLEY NOTIFIRS U.S. EPA (AND THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IF THE REGULATORY CHANGE IS PART OF THE INDIANA DELEGATED RCRA PROGRAM) OF ITS INTENTION TO HANDLE THE WASTE AS NON-HAZARDOUS. THE SEPS WHICH DONNELLEY WILL PERFORM INVOLVE THE INSTALL- ATION OF EQUIPMENT TO REDUCE THE POTENTIAL FOR THE RELEASE OF HAZARDOUS SUBSTANCES; INSTALLATION OF EQUIPMENT TO RECOVER METALLIC RESIDUES;; REMOVAL OF LEADED PAINT FROM THREE WATER TANKS; AND THE COMPILATION OF BOOKLETS FROM THREE TANKS; AND THE COMPILATION OF BOOKLETS FROM PAPER THAT OTHERWISE WOULD HAVE BEEN DISPOSED, WITH SUBSEQUENT DONATION OF THESE BOOKLETS TO LOCAL SCHOOL CHILDREN. (DONNELLEY HAS COMMITTED TO CONSIDERING FUTURE RECYCLING PROJECTS, WITH DONATION TO LOCAL SCHOOLS, AS PAPER BECOMES AVAILABLE.) THE LAST TWO SEPS PRINCIPALLY WILL BENEFIT CHILDREN AND WO- MEN OF CHILDBEARING AGE. THE COLLECTIVE COST OF THESE SEPS TO DONNELLEY EXCEEDS $300,000. MOVEOVER, THESE SEPS REPRE- SENT REGIONAL ACHIEVEMENTS IN ACCOMPLISHING U.S. EPA GOALS CONCERNING PROTECTION OF THE HEALTH AND ENVIRONMENT OF CHILDREN.

Defendants (1)

• R. R. DONNELLEY & SONSNamed in settlement

Facilities (3)

• RR DONNELLEY & SONS COMPANY

  2801 US 30 WEST, WARSAW, IN, 465800837

  Registry ID: 110000399783

• RR DONNELLEY & SONS COMPANY

  2801 US 30 WEST, WARSAW, IN, 465800837

  Registry ID: 110000399783

• RR DONNELLEY & SONS COMPANY

  2801 US 30 WEST, WARSAW, IN, 465800837

  Registry ID: 110000399783

Statutes cited

• RCRA 3017 — Export of Hazardous Waste

Enforcement conclusions (1)

• R.R. DONNELLEY & SONSentered 1998-02-06

  Primary law: RCRA

  Federal penalty: $29,000

Timeline (3 milestones)

• 1995-01-18Complaint Filed/Proposed Order
• 1998-02-06Final Order Issued
• 1998-05-11Enforcement Action Data Entered