EPA v. Diamond Hard Chrome(SB)

Case summary

On October 26, 2009, EPA issued a Consent Agreement and Final Order (CAFO) under RCRA Section 3008(a) resolving claims for civil penalties for violations of the authorized Ohio RCRA Financial Assurance requirements for treatment, storage and disposal facilities for Diamond Hard Chrome Co., Inc. (Diamond). The CAFO simultaneously commences and concludes EPA’s action for alleged failures to have a detailed written estimate of the cost of closing; establish financial assurance for closure; have a detailed estimate of the annual cost of post-closure monitoring and maintenance; establish financial assurance for post-closure care; and demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences. EPA originally calculated a penalty amount of $3,205,074, but lowered the penalty to $15,000, to be paid in 5 annual installments with interest, based on Diamond's limited ability to pay and the costs of post-closure care. The CAFO also requires Respondent to submit a revised post-closure plan to Ohio EPA, including a ground-water monitoring plan and a revised cost estimate, that meets the applicable RCRA authorized requirements; and update its Financial Assurance to provide for the cost estimated in the approved plan.

Defendants (1)

• Diamond Hard Chrome Co., Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• DIAMOND HARD CHROME INC

  6300 KINSMAN AVE, CLEVELAND, OH, 44104

  Registry ID: 110000748709

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Diamond Hard Chrome(SB)entered 2009-10-26

  Primary law: RCRA

  Federal penalty: $15,000

Timeline (3 milestones)

• 2009-10-26Complaint Filed/Proposed Order
• 2009-10-26Final Order Issued
• 2009-12-02Enforcement Action Data Entered