EPA v. REILLY INDUSTRIES, INCORPORATED

Case summary

On September 30, 2003, Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative penalty and compliance action against Respondent Reilly Industries, Inc. in Indianapolis, Indiana. The Region alleged that Reilly committed violations of regulatory requirements applicable to the burning of hazardous waste fuels in boilers and industrial furnaces (BIFs) under the Resource Conservation and Recovery Act (RCRA). Counts I and II allege that Reilly exceeded its CO operating limit on two boilers; Counts III and IV allege that Reilly operated two boilers without a functioning automatic waste feed cutoff (AWFCO); Count V alleges that Reilly failed to conduct a daily visual BIF inspection during interim status; and Count VI alleges that Reilly failed to perform and/or record daily continuous emission monitoring (CEM) audits. The proposed (and settlement) civil penalty amount is $29,700. In the CAFO, Reilly certifies that it is in compliance with the RCRA regulatory requirements at issue; verifies that it: is operating its boilers to comply with its CO limits; has a functioning AWFCO system on is boilers; is conducting daily visual inspections of its boilers and associated equipment; and is performing and recording daily continuous emission monitoring system audits. The CAFO contains a Compliance Order requiring Reilly to comply with the applicable BIF regulations, and requires the company to pay a civil penalty of $29,700.

Defendants (1)

• Reilly Industries IncorporatedNamed in complaintNamed in settlement

Facilities (6)

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• Reilly Industries, Incorporatedentered 2003-09-30

  Primary law: RCRA

  Federal penalty: $29,700

Timeline (3 milestones)

• 2002-05-06Enforcement Action Data Entered
• 2003-09-30Final Order Issued
• 2003-09-30Complaint Filed/Proposed Order