EPA v. AMERICAN COMMERCIAL VEHICLES

Case summary

THE FACILITY HAD A 6000 GALLON TANK WHICH HAD RELEASES FROM OVERFILLING, INADEQUATE SECONDARY CONTAINMENT, AND THE TANKS ROOF WAS COLLAPSED INWARD. LQG TO TSD. ECAB CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CE I) ON DECEMBER 11, 1998. ECAB EXTENDED AN INVITATION TO PARTICIPATE TO OHIO EPA WHO DECLINED. ACV'S OFFICE IS LOCA- TED ON A CONTIGENT PROPERTY THAT IS SEPARATED BY A PUBLIC ACCESS STREET. THIS REQUIRES ACV TO SUBMIT TWO NOTIFICATION S OF HAZARDOUS WASTE ACTIVITIES FOR ITS OPERATIONS. PLANT # 1 HAD BEEN ASSIGNED EPA ID #OHD 000 716 951. PLANT #1 WAS INSPECTED ON THE MORNING OF DECEMBER 11TH AND FOUND TO BE GENERATING HAZARDOUS WASTE AS A SMALL QUANTITY GENERATOR. PLANT #1 WAS DEDICATED TO METAL STAMPING AND THE MANUFACTUR- ING OF OVER THE ROAD TRUCK CABS AND MANAGED ITS HAZARDOUS WASGE IN CONTAINTERS. WASTE GENERATED AT PLANT #1 WERE ACCUMULATED ON-SITE AND MOVED TO PLANT #2. THE FINDINGS OF THIS INSPECTION WERE NOT PART OF THIS FORMAL ENFORCEMENT ACTION. ECAB CONDUCTED THE INSPECTION ON PLANT #2 IN THE AFTERNOON OF DECEMBER 11TH. PLANT #2 WAS DEDICATED TO THE PREPARATION AND PAINTING OF TRUCKS. AFTER CLEANING THE FABRICATED METAL A BLACK E-COAT WAS APPLIED BY DIPPING THE CAB IN A TANK. WASTE FROM THE E-COAT PROCESS WAS COLLECTED AS A NON-HAZAR- DOUS SLUDGE. ACV FOLLOWED THIS STEP BY APPLYING GREY WATER BASED PAINT FOR PRIMER IN A BOOTH. WASTE FROM THE PRIMING PROCESS WAS MANAGED IN CONTAINERS AND HAD BEEN DETERMINED TO BE SOLID WASTE BUT NOT HAZARDOUS WASTE. NO PURGE SOLVENT WAS UTILIZED IN THE PRIMER BOOTH. DEPARTMENT 242 CONTAINED THE MAIN PAINT BOOTH COMPLETE WITH AN INSTALLED DURR SYSTEM. THIS DURR SYSTEM ALSO HAD A WATERBATH UNDERNEATH THE GRATE AND A DOWN DRAFT VENTILATION SYSTEM WHICH FORCED OVERSPRAY INTO THE WATER. THE SLUDGE FROM THE DURR SYSTEM HAD BEEN DETERMINED TO BE NON-HAZARDOUS. THIS UNIT CONTAINED FOUR SEPARATE SPRAY OPERATIONS, EACH SUPPLIED WITH SOLVENT AND PAINT BY DELIVERY LINES. ECAB ESTABLISHED THAT HAZARDOUS WASTE WAS GENERATED AS A RESULT OF CLEANING PAINT EQUIPMENT AND DELIVERY LINES AND DETERMINED THAT THE POINT OF GENERATION WAS INSIDE THE PAINT BOOTH. ECAB CONTINUED ITS INSPECTION OUTSIDE AND OBSERVED THE 6,000 GALLON HAZARDOUS WASTE STORAGE TANK ON THE EAST SIDE OF PLANT #2. A SECOND TANK OF 6,000 GALLONS WAS LOCATED WITHIN THE SAME SECONDARY CONTAINMENT BUT WAS DEDICATED TO HOLDING RECLAIMED SOLVENT. THE HAZARDOUS WASTE TANK HAD BEEN OVERFILLED APPROXIMATELY TWO YEARS PRIOR TO THE INSPEC- TION. THIS CAUSED THE TANK TO OVERFLOW THROUGH THE AIR EMISSION CONTROL DEVICE AND MAKE THIS CONTROL DEVICE INOPERA BLE PREVENTING THE TANK FROM BREATHING ADEQUATELY. AT SOME POINT AFTER THIS OVERFILLING THE HAZARDOUS WASTE HAULER ATTEMPTED TO PUMP OUT THE CONTENTS OF THE TANK BY PULLING A VACUUM ON THE TANK. BECAUSE THE CONTROL DEVICE NO LONGER FUNCTIONED CORRECTLY THE TANK PARTIALLY COLLAPSED CAUSING THE ROOF TO CAVE IN ALLOWING PRECIPITATION TO COLLECT. OVER TIME THE COMBINATION OF THE CONSTANT MOISTURE AND THE CREASE S IN THE ROOF CAUSED THE PAINT TO BUCKLE AND ACCELERATING RUST AND CORROSIVE ACTION ON THE ROOF'S SURFACE. EPA ISSUED A NOTICE OF VIOLATION ?NOV? ON DECEMBER 18, 1998 ALLEGING ACV'S FACILITY TO COMPLY WITH OHIO'S TANK REGULATIONS, AND FAILURE TO COMPLY WITH SUBPART CC REQUIRE- MENTS FOR THE SAME TANK. ON SEPTEMBER 9, 1999, EPA ISSUED A SECOND NOV FOR UNRESOLVED TANK CONCERNS. ON SEPTEMBER 14, 2000, EPA ISSUED A NOTICE OF INTENT TO FILED AN ADMINISTRA- TIVE COMPLAINT. ACV'S COUNSEL CONTACTED EPA EXPRESSING THE COMPANY HAD EXPERIENCE FINANCIAL DIFFICULTIES AND WANTED TO MAKE AN INABILITY TO PLAY CLAIM. ON MARCH 27, 2001, AFTER ANALYZING FINANCIAL INFORMATION PRO

Defendants (2)

• AMERICAN COMMERCIAL VEHICLESNamed in settlement
• MK ACQUISITIONNamed in settlement

Facilities (1)

• AMERICAN COMMERCIAL VEHICLES

  1100 NORTH ELM STREET, ORRVILLE, OH, 44667

  Registry ID: 110000390791

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• AMERICAN COMMERICAL VEHICLESentered 2002-03-19

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (4 milestones)

• 1999-04-16Enforcement Action Data Entered
• 2001-03-27Complaint Filed/Proposed Order
• 2002-03-19Final Order Issued
• 2002-04-11Enforcement Action Closed