EPA v. VIM RECYCLING (SB)

Case summary

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to VIM Recycling Inc. to comply with federally enforceable state regulations prohibiting open burning at VIM’s construction waste recycling facility at 29861 Old U.S. Highway 33, Elkhart, Ind. On May 5, representatives of EPA and the Indiana Department of Environmental Management visited the facility and found evidence of open burning of wood waste materials at the site. Three days later, EPA cited the company under the Clean Air Act alleging violations of the open burning regulations. EPA said the facility stores large piles of wood waste materials in a manner that makes it susceptible to spontaneous combustion which causes smoke and odors. VIM has until December to meet the requirements of the order and has agreed to a strict schedule to remove certain residual materials from the site and to reduce the height and other dimensions of the stockpiles. The company must provide site surveillance seven days a week and develop a site emergency plan in coordination with the local fire department, EPA and IDEM to meet any future contingencies. Also, VIM must immediately put soil and/or water to the extent necessary on all areas of any stockpiles at any site found to be burning or smoldering. A copy of the consent order is at: http://www.epa.gov/region5/air/vim-recycling.pdf . EPA said that people living near the VIM facility can expect to see a high degree of activity on and around the site in the coming months as VIM works toward complying with the order.

Defendants (2)

• VIM RECYCLING, INC.Named in complaintNamed in settlement
• K.C. INDUSTRIES, LLC.Named in complaintNamed in settlement

Facilities (3)

• SOIL SOLUTIONS OF ELKART LLC

  64654 US HWY 33, GOSHEN, IN, 46526

  Registry ID: 110064145278

• SOIL SOLUTIONS CO.

  29861 OLD US HWY 33, ELKHART, IN, 46516

  Registry ID: 110002376982

• K.C. INDUSTRIES, LLC.

  22907 S.R. 120, ELKHART, IN, 46516

  Registry ID: 110039133899

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• VIM RECYCLING, INC. (SB)entered 2009-06-29

  Primary law: CAA

Timeline (2 milestones)

• 2009-06-29Final Order Issued
• 2009-07-20Enforcement Action Data Entered