EPA v. ITW FOILS, PLASTICS, AND SECURITIES

Case summary

On September 9, 2004, U.S. EPA issued a RCRA � 3008(a) complaint against ITW Foils, located in Mt. Pleasant, Michigan which is within the boundaries of the Chippewa Indian Tribe and thus located within Indian Country. U.S. EPA is alleging that ITW Foils was not complying with tank system requirements. Specifically, ITW Foils operates a new tank system and did not have a tank integrity assessment nor certification signed by an independent, qualified, registered engineer to the tank systems integrity. U.S. EPA also alleged that ITW Foils had not instituted a leak, monitoring and repair program to monitor air emissions from effected pieces of equipment which come in contact with hazardous waste containing more than 10% organic concentrations. And finally, U.S. EPA is alleging two acts of noncompliance with respect to container management: failure to keep containers closed, and failure to provide pertinent information. The complaint included a proposed penalty of $61,002.

Defendants (1)

• ITW FOILS, PLASTICS, AND SECURITIESNamed in complaintNamed in settlement

Facilities (1)

• ITW FOILS

  1011 INDUSTRIAL AVE, MOUNT PLEASANT, MI, 48858

  Registry ID: 110017401426

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• ITW FOILS, PLASTICS, AND SECURITIESentered 2005-02-07

  Primary law: RCRA

  Federal penalty: $52,726

Timeline (3 milestones)

• 2004-09-09Complaint Filed/Proposed Order
• 2004-10-07Enforcement Action Data Entered
• 2005-02-07Final Order Issued