EPA v. FRIT INDUSTRIES

Case summary

IN FEBRUARY 1979, A FIRE AT FRIT INDUSTRIES, INC. RESULTED IN BOTH ON AND OFF-SITE CONTAMINATION OF SOIL AND SURFACE WATER. * ON AUG 15, 1980, FRIT IND, INC. NOTIFIED AS A GENERATOR AND TSD. * ON JAN 14 AND 15, 1983, FRIT IND, INC. DISPOSED OF CONTAMIN- ATED SOIL ON PROPERTY BELONGING TO MR. T. H. SMITH, JR. OF RANDOLPH CTY, ARK. THE PROPERTY IS USED AS A GRAZING PAS- TURE. * ON NOV 29, 1983, FRIT IND, INC. FILED THEIR PART A PERMIT APPLICATION AS A GENERATOR AND TSD FACILITY. A SURFACE IMPOUNDMENT AND WASTE PILES WERE LISTED AS STORAGE UNITS FOR HAZ WASTE. * ON JAN 3, 1984, THE ARK DEPT OF POLLUTION CONTROL AND AND ECOLOGY (ADPC&E) COLLECTED 12 SAMPLES FROM MR. SMITH'S PASTURE WHERE THE CONTAMINATED SOIL WAS DEPOSITED. THE SAMPLE RESULTS SHOWED LEVELS OF CADMIUM EXCEEDING THE PRE- SCRIBED LEVEL FOR EP TOXICITY CHARACTERISTIC HAZ WASE. * IN MARCH 1984, THE ADPC&E REFERRED THE LEAD ENFORCEMENT ACTION CONCERNING FRIT IND, INC. TO THE EPA. * ON MAY 6, 1985, FRIT IND, INC. AND THE EPA SAMPLED THE CON- TAMINATED SOIL ON THE SMITH PROPERTY. SAMPLE RESULTS SHOWED EP TOXICITY LEVEL FOR CADMIUM EXCEEDING THE PRE- SCRIBED LEVEL FOR CHRACTERISTIC HAZ WASTE. TOTAL CADMIUM LEVELS IN THE CONTAMINATED SOIL WERE 5 TO 30 TIMES GREATER THAN BACKGROUND LEVELS FOR THE PROPERTY. * RECOMMENDATION: * TO SUBMIT AN INTERIM STATUS CORRECTIVE ACTION ORDER AND NOTICE OF OPPORTUNITY FOR HEARING TO FRIT IND., INC. FOR THE CLEAN-UP OF HAZ WASTE ON THE SMITH PROPERTY. FRIT IND., INC HAS 30 DAYS TO SUBMIT A CLEAN-UP PLAN AND 30 DAYS TO IMPLEMENT THE APPROVED CLEAN-UP PLAN TO COMPLY WITH THIS INTERIM STATUS CORRECTIVE ACTION ORDER AND NOTICE OF OPPORTUNITY FOR HEARING.

Defendants (1)

• FRIT INDUSTRIESNamed in complaintNamed in settlement

Facilities (2)

• FRIT INDUSTRIES

  156 FRIT DRIVE, WALNUT RIDGE, AR, 72476

  Registry ID: 110000607870

• FRIT INDUSTRIES

  156 FRIT DRIVE, WALNUT RIDGE, AR, 72476

  Registry ID: 110000607870

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• FRIT INDUSTRIES

  Primary law: RCRA

  Federal penalty: $7,950

Timeline (3 milestones)

• 1984-08-31Enforcement Action Data Entered
• 1984-08-31Complaint Filed/Proposed Order
• 1985-12-20Enforcement Action Closed