EPA v. PIERCE & STEVENS CORP.

Case summary

ADMINISTRATIVE COMPLAINT, FINDINGS OF VIOLATION, AND COMPLIANCE ORDER ISSUED 8/14/98 (FOR PENALTY AND COMPLIANCE) FOR STORAGE OF HAZARDOUS WASTE WITHOUT PERMIT. COMPLAINT ISSUED AUGUST 14, 1998 TO PIERCE & STEVENS CORPORATION FOR OPERATING WITHOUT A PERMIT. RESPONDENT STORED WASTE FOR MORE THAN 90 DAYS, ON SEVERAL OCCASIONS FAILED TO CONDUCT WEEKLY INSPECTIONS OF WASTE STORAGE AREA, SUPPLIED DEFICIENT CONTINGENCY PLAN AT THE TIME OF EPA'S INSPECTION, HAD INCOMPLETE TRAINING RECORDS AT THE TIME OF EPA'S INSPECTIONS, AND FAILED TO LABEL ONE DRUM. COMPLIANCE ORDER REQUIRED RESPONDENT TO: (1) CEASE TO STORE HAZARDOUS WASTE WITHOUT A RCRA PERMIT. (2) SUBMIT INSPECTION LOGS FOR INSPECTIONS REQUIRED UNDER RCRA. (3) DEVELOP AND IMPLEMENT PLAN FOR CLOSURE OF HAZARDOUS WASTE MANAGEMENT UNITS. THE COMPLAINT WAS ISSUED FOR VIOLATIONS CONCERNING THE STORAGE OF HAZARDOUS WASTE WITHOUT A PERMIT REGULATIONS FOUNT AT 40 CFR PART 270. P&S FAILEDTO MANAGE HAZARDOUS WASTE SOLVENTS PROPERLY. VIOLATIONS INCLUDED THE ILLEGAL STORAGE OF HAZARDOUS WASTE BY STORING WASTE FOR GREATER THAN 90 DAYS WITHOUT A PERMIT. IN THIS ORDER, P&S HAS AGREED TO SATISFY RCRA CIVIL PENALTY OF $87,798 BY DIRECT PAYMENT OF 57% OF THE ASSESSED PENALTY AMOUNT ($50,000.00) AND SATISFYING THE BALANCE BY COMPLETING A SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) WHICH IS PROJECT- ED TO REDUCE THE CONSUMPTION AND DISCHARGE OF HEATED WATER BY 80% OF CURRENT LEVELS. ACTUAL COST OF THE SEP IS ESTIMATED TO BE $145,500 AND THE AFTER-TAX PRESENT VALUE IS $37,798. IN ADDITION, P&S WILL UNDERTAKE RCRA CLOSURE OF THE AFFECTED AREAS OF THE FACILITY. RESPONDENT HAS PAID PENALTY. MUST STILL IMPLEMENT SEP AS OF 8/12/99, EPA & RESPONDENT ARE WORKING ON A SETTLEMENT OF THIS CASE PRIOR TO HEARING. THE SETTLEMENT WILL LIKELY INCLUDE A SEP.

Defendants (1)

• PIERCE & STEVENS CORPNamed in complaintNamed in settlement

Facilities (1)

• PIERCE & STEVENS CORPORATION

  245 E. KEHOE BLVD., CAROL STREAM, IL, 60188

  Registry ID: 110000433807

Statutes cited

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

Enforcement conclusions (1)

• PIERCE & STEVENS CORP.entered 1999-09-28

  Primary law: RCRA

  Federal penalty: $87,798

Timeline (4 milestones)

• 1998-08-12Complaint Filed/Proposed Order
• 1998-08-26Enforcement Action Data Entered
• 1999-09-28Final Order Issued
• 2003-09-11Enforcement Action Closed