EPA v. F & K PLATING

Case summary

DATA SHEET: * 1. THE STATUTE THAT IS THE BASIS FOR THE PROPOSED ACTION: RCRA, SECTION 3008 (A) AND (G), 42 USC 6928 (A) AND (G). * 2. THE PROPOSED SITUS OF ADJUDICATION: WESTERN DISTRICT OF OK, WHICH IS THE DISTRICT IN WHICH THE ORIGINAL VIOLATIONS OCCURRED AND IN WHICH F & K PLATING CO. HAS FILED SUIT TO ENJOIN ACTION ON EPA'S FINAL ORDER. * 3. THE NAME AND LOCATION OF THE DEFENDANTS: DEFENDANT: F & K PLATING COMPANY 4420 N. SEWELL OKLAHOMA CITY, OK 73118 FACILITY: SAME * 4. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: FAILURE TO COMPLY WITH A FINAL ORDER ISSUED ON 10/8/87, BY THE CHIEF JUDICIAL OFFICER OF EPA REQUIRING F & K PLATING COMPANY TO, WITHIN 60 DAYS, CLOSE A HAZARDOUS WASTE SURFACE IMPOUNDMENT AT THE FACILITY; WITHIN 90 DAYS PAY A PENALTY OF $43,500; AND COMPLY WITH CERTAIN SPECIFIED REGULATORY REQUIREMENTS. * 5. THE PROPOSED RELIEF AND PROPOSED PENALTY: MANDATORY INJUNCTIVE RELIEF TO REQUIRE F & K PLATING CO. TO COMPLY WITH THE FINAL ORDER; SPECIFIC PENALTIES HAVE NOT BEEN CALCULATED BUT A BOTTOM LINE AMOUNT IN ADDITION TO THE PENALTIES IN THE FINAL ORDER WILL BE INCLUDED IN THE FULL REFERRAL PACKAGE. * 6. RECENT CONTACTS WITH DEFENDANT, INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN AND NEGOTIA- TIONS: A ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER WAS ISSUED BY EPA, REGION VI, ON JUNE 26, 1984 ALLEGING VIOLATIONS OF RCRA AND THE OK AUTHORIZED PROGRAM. AFTER A TRIAL BEFORE AN ADMIN LAW JUDGE, F & K PLATING CO. APPEALED THE COMPLAINT AND ORDER WHICH EVENTUALLY LED TO THE ISSUANCE OF THE FINAL ORDER ON OCTOBER 8, 1987. F & K PLATING COMPLANY REQUESTED A RECONSIDER- ATION OF THE FINAL ORDER WHICH WAS DENIED ON NOV 24, 1987. * F & K PLATING CO. THEN FILED AN ACTION IN US DISTRICT COURT IN OK ON DECEMBER 7, 1987, SEEKING TO ENJOIN THE FINAL ORDER. F & K PLATING CO. MOVED ADMINISTRATIVELY TO STAY THE EFFECTIVE DATE OF THE FINAL DECISION WHICH MOTION WAS DENIED ON JAN. 13, 1988. NO NEGOTIATIONS HAVE TAKEN PLACE IN THE LAST TWO YEARS. * 7. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: RCRA DOES NOT EXPLICITLY PROVIDE THE ADMINISTRATOR OF EPA WITH THE POWER TO SEEK JUDICIAL ENFORCEMENT OF ADMINISTRATIVE ORDERS AND JUDICIAL ASSESSMENT OF PEN- ALTIES FOR NONCOMPLIANCE WITH SUCH ORDERS. A FAVORABLE DECISION WOULD CLARIFY THE AUTHORITY TO ENFORCE ADMINIS- TRATIVE ORDERS JUDICIALLY. * ALSO, THIS CASE SHOULD BE FILED AS A COUNTERCLAIM TO F & K'S SUIT TO PREVENT ENFORCEMENT OF THE ADMINISTRA- TIVE ORDER. * 8. DATE OF INSPECTION, INFORMATION

Defendants (1)

• F & K PLATINGNamed in complaintNamed in settlement

Facilities (1)

• F & K PLATING

  4420 N SEWELL, OKLAHOMA CITY, OK, 73118

  Registry ID: 110004753231

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• F & K PLATINGentered 1987-10-08

  Primary law: RCRA

  Federal penalty: $31,875

Timeline (5 milestones)

• 1984-06-26Enforcement Action Data Entered
• 1984-06-26Complaint Filed/Proposed Order
• 1986-04-14Admin Law Judge Decision
• 1987-10-08Final Order Issued
• 1995-10-05Enforcement Action Closed