EPA v. Mueller Brass Commence

Case summary

On September 30, 2008, Region 5 filed a Consent Agreement Final Order (CAFO) that simultaneously commenced and concluded a hazardous waste enforcement action against the Mueller Brass Company. The CAFO alleges that Mueller failed to have tank integrity assessments and leak detection on two generator hazardous waste accumulation tank systems; failed to perform daily inspections on the two tanks systems; and stored hazardous waste for more than 90 days in one tank system, therefore operating a Storage Facility without a permit. The violations were identified during March 2006 Multimedia Inspection of the facility and subsequent information requests. The CAFO settlement includes a $110,000 penalty, a $550,000 Supplemental Environmental Project (SEP), and closure of the tank system that stored more than 90 days. The SEP involves the installation of further wastewater treatment equipment that allows for the onsite reuse of the treated water. The SEP is projected to reduce water use and discharge by 22 million gallons each year and the reduction of hundreds of pounds of metals that were previously discharged to the sewer system of Port Huron.

Defendants (1)

• Mueller BrassNamed in complaintNamed in settlement

Facilities (2)

• MUELLER BRASS CO.

  2199 LAPEER AVE, PORT HURON, MI, 48060

  Registry ID: 110000404848

• MUELLER BRASS CO.

  2199 LAPEER AVE, PORT HURON, MI, 48060

  Registry ID: 110000404848

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Mueller Brass Commenceentered 2008-09-30

  Primary law: RCRA

  Federal penalty: $110,000 · SEP: $343,349

Timeline (3 milestones)

• 2008-09-30Final Order Issued
• 2008-09-30Complaint Filed/Proposed Order
• 2008-10-02Enforcement Action Data Entered