EPA v. JOYNER'S DIE CASTING & PLATING COMPANY

Case summary

ON MARCH 27, 2001, THE UNITED STATES ENVIRONMENTAL PROTECT- ION AGENCY, REGION 5 (U.S. EPA), FILED AN ADMINISTRATIVE COMPLAINT AGAINST JOYNER'S DIE CASTING & PLATING COMPANY (JOYNER'S), 7801 XYLON AVENUE NORTH, BROOKLYN PARK, MINNESO- TA. THE COMPLAINT ALLEGED VIOLATIONS OF CERTAIN REQUIREMENT S OF THE RESOURE CONSERVATION AND RECOVERY ACT (RCRA), 42 U.S.C. 6901 ET SEQ., AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA), PUB. L. 98-616. THE VIOLA- TIONS ALLEGED IN THE COMPLAINT CONSISTED OF THE FOLLOWING: COUNT I(MN 7045.0214.1/40 CFR 262.11): JOYNER'S FAILED TO DETERMINE WHETHER THE CONTENTS OF A DRUM OF MATERIAL LOCATED AT THE SILVER PLATING CONSTITUTED HAZARDOUS WASTE. COUNT II(40 CFR 270.1(C) AND MN 7045.0292,8,B,2/40 CFR 262 34(C)(1)(II): JOYNER'S FAILED TO OBTAIN A PERMIT OR INTERIM STATUS FOR THE STORAGE OF HAZARDOUS WASTE BY FAILING TO COM- PLY WITH 40 C.F.R. 262.34, 265.16, 265 SUBPART I. SPECI- FICALLY, (1) JOYNERS FAILED TO MARK CONTAINERS OF HAZARDOUS WASTE COPPER CYANIDE AND LACQUER STRIP RINSE WASTE WHICH WERE STORED IN SATELLITE ACCUMULATION IN THE WASTE TREATMENT ROOM, AND ANOTHER CONTAINER OF HAZARDOUS WASTE WHICH WERE STORED IN SATELLITE ACCUMULATION IN THE WASTE TREATMENT ROOM AND ANOTHER CONTAINER OF HAZARDOUS WASTE IN THE PAINT ROOM, WITH THE WORDS HAZARDOUS WASTE OR WITH OTHER WORDS THAT IDENTIFIED THE CONTENTS OF THE CONTAINERS, IN VIOLATION OF 40 C.F.R.  262.34(C)(1)(II) AND MINN. R. 6045.0292.8.B.2; (2) JOYNER'S FAILED TO TRAIN ITS EMERGENCY COORDINATORS IN THE CONTINGENCY PLAIN REQUIRED UNDER 40 C.F.R. PART 265, SUB PART D, AND TO ANNUALLY TRAIN PLANT MANAGER AND EMERGENCY COORDINATOR JANET CARLSON IN 1999 CONCERNING THE REQUIRE- MENTS OF 40 C.F.R. PART 265, IN VIOLATION OF 40 C.F.R.  265 16, 40 C.F.R. 262.34(A)(4), AND MINN. R. 7045.0558.1; (3) JOYNERS FAILED TO PROVIDE A WRITTEN DESCRIPTION OF THE AMOUNTS AND TYPES OF TRAINING THAT ARE REQUIRED FOR THE EMERGENCY COORDINATORS AT THE JOYNER'S FACILITY, IN VIOLA- TION OF 40 C.F.R. 265.16(D)(3), 40 C.F.R. 262.34(A)(4), AND MINN. R. 7045.0558.6.C; (4) JOYNERS STORED GOLD CYANIDE PLATING MATERIAL WITHIN THE STRONG ACID AREA, FAILED TO REMOVE CYANIDE RESIDUES FROM THE FLOOR OF THE WASTE TREAT- MENT ROOM, STORED DRUMS OF HAZARDOUS MATERIALS AND WASTE IN DETERIORATED CONTAINERS, ALLOWED SUBSTANTIAL ACCUMULATIONS OF PLATING WASTE FROM THE SECONDARY CONTAINMENT BENEATH THE HAZARDOUS WASTE TANKS, AND THEREBY FAILED TO MAINTAIN AND OPERATE ITS FACILITY IN ORDER TO MINIMIZE THE POSSIBILITY OF A FIRE, EXPLOSION, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS WASTE CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRONMENT, IN VIOLATION OF 40 C.F.R.  265. 31 (PART 265, SUBPART C), 40 C.F.R. 262.34(A)(4), AND MINN. R. 7045.0566.2; (5) JOYNERS STORED A CONTAINER OF HAZARDOUS WASTE PAINT FILTERS AND RAGS IN A TRAILER, AND THEREBY FAIL- ED TO MAINTAIN AISLE SPACE TO ALLOW THE UNOBSTRUCTED MOVE- MENT OF PERSONNEL, FIRE PROTECTION EQUIPMENT, SPILL CONTROL EQUIPMENT, AND DECONTAMINATION EQUIPMENT TO ANY AREA OF FACILITY OPERATION IN AN EMERGENCY, IN VIOLATION OF 40 C.F.R  265.35 (PART 265, SUBPART C), 40 C.F.R. 262.34(A)(4), AND MINN. R. 7045.0566.6; (6) JOYNERS FAILED TO TRANSFER HAZAR- DOUS WASTE COPPER CYANIDE SOLUTION FROM A DETERIORATED CON- TAINER TO CONTAINERS THT WER IN GOOD CONDITION, IN VIOLATION OF40 C.F.R. 265.171 (PART 265, SUBPART I), 40 C.F.R.  262.34(A)(1)(I), AND MINN. R. 7045.0626.2; AND (7) JOYNERS FAILED TO KEEP CONTAINERS OF HAZARDOUS WASTE COPPER CYANIDE CARBONATE WASTE AND LACQUER STRIP RINSE WASTE LOCATED WITHIN THE WASTE TREATMENT ROOM ALWAYS CLOSED DURING STORAGE, IN VIOLATION OF 40 C.F.R. 265.173(A)(PART 265, SUBPART I) 40 C.F.R. 262.34(A)(1)(I) AND MINN. R. 7045.0626.4. AS A CONSEQUENCE OF ANY OR ALL OF THESE

Defendants (1)

• JOYNER'S DIE CASTING & PLATING COMPANYNamed in settlement

Facilities (2)

• JOYNERS INCORPORATED

  7801 XYLON AVE. N., BROOKLYN PARK, MN, 554452306

  Registry ID: 110000426174

• JOYNERS INCORPORATED

  7801 XYLON AVE. N., BROOKLYN PARK, MN, 554452306

  Registry ID: 110000426174

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• JOYNER'S DIE CASTING & PLATING COMPANYentered 2002-07-22

  Primary law: RCRA

  Federal penalty: $20,000 · SEP: $80,313

Timeline (3 milestones)

• 2001-03-27Complaint Filed/Proposed Order
• 2001-04-24Enforcement Action Data Entered
• 2002-07-22Final Order Issued