EPA v. River Shannon Recycling

Case summary

On April 23, 2010, the U.S. Environmental Protection Agency filed an administrative complaint under the Resources Conservation and Recovery Act (RCRA) against Mercury Vapor Processing Technologies, Inc., a.k.a. River Shannon Recycling (River Shannon), alleging that it operated a hazardous waste storage and treatment facility in Riverdale, Illinois, without obtaining a RCRA permit. Specifically, over the course of several years, River Shannon collected mercury containing fluorescent lamps and crushed them at the Riverdale facility, prior to sending them for disposal at solid waste landfills. Company records indicate that several hundred thousand lamps were processed at the facility. On January 28, 2011, EPA amended its complaint to add Laurence C. Kelly as a Respondent who was personally liable as an owner of the company. During the week of July 25, 2011, an administrative hearing was held in Chicago before the Honorable Administrative Law Judge Barbara A. Gunning. On December 14, 2012, Judge Gunning issued an Initial Decision in EPA's favor, which became a Final Order on February 7, 2013. The Final Order requires the Respondents to pay a 62,000 penalty, complete RCRA closure activities at the lamp crushing site to ensure that no contamination is present, and to comply with several additional requirements under RCRA pertaining to hazardous waste treatment, storage and disposal facilities.

Defendants (2)

• Mercury Vapor Processing Technologies, Inc.Named in complaintNamed in settlement
• Laurence C. KellyNamed in complaintNamed in settlement

Facilities (1)

• RIVER SHANNON RECYCLING

  13605 S HALSTED ST, RIVERDALE, IL, 60827

  Registry ID: 110018099314

Statutes cited

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

Enforcement conclusions (1)

• River Shannon Recyclingentered 2013-02-07

  Primary law: RCRA

  Federal penalty: $62,000

Timeline (5 milestones)

• 2010-04-23Complaint Filed/Proposed Order
• 2010-05-17Enforcement Action Data Entered
• 2011-01-28Amended Complaint
• 2011-07-25Admin Judge Hearing
• 2013-02-07Final Order Issued