EPA v. MADEWELL & MADEWELL

Case summary

BACKGROUND FACTS: RESPONDENT CONDUCTS BUSINESS OF RECLAIMING LEAD PLATES AND PLASTICS AND RUBBER COMPONENTS AT ITS FACILITY. * A CONSULTANT'S REPORT WAS ISSUED IN AUGUST 1980. * THE FACILITY HAS AN IMPOUNDMENT WHERE IT NEUTRALIZES THE ACID FROM THE BATTERY CRACKING OPERATION. * THE BATTERY CASES ARE TAKEN TO A WASTE PILE ON-SITE. * LIMESTONE CHIPS USED TO NEUTRALIZE THE ACID IN TEH IM- POUNDMENT IS STORED ON-SITE. * RESPONDENT WAS INSPECTED BY THE STATE AND EPA ON APRIL 2, 1981 AND MAY 30, 1984. * SOIL SAMPLES TAKEN AT VARIOUS POINTS AT THE FACILITY DURING THE 1984 INSPECTION INDICATE CONTAMINATED SOIL ABOVE EP TOXICITY LIMIS FOR LEAD IN THE USED LIMESTONE WASTE PILES AT THE BATTERY WASTE PILE AREA. * WATER SAMPLES TAKEN DURING THE 1981 INSPECTION INDICATE LEVELS OF CHROMIUM, ARSENIC, AND LEAD ABOVE DRINKING WATER STANDARDS FROM MONITORING WELLS LOCATED ON-SITE. * BOTH INSPECTIONS NOTED VIOLATIONS IN AREAS OF SECURITY, NO CONTAINMENT SYSTEMS, AND LACK OF GROUNDWATER MONI- TORING. * VIOLATIONS NOTED IN THE 1984 INSPECTION CONSIST OF NO DISPOSAL PLAN, NO QUARTERLY REPORTS, NO WASTE ANALYSIS PLAN, NO INSPECTION REPORTS, NO PERSONNEL TRAINING PLANS, NO CONTINGENCY PLAN, NO OPERATING RECORD, NO CLOSURE PLAN AND NO FINANCIAL ASSURANCES. * ACTION TO DATE: A 3008 COMPLIANCE ORDER WAS ISSUED ON SEPT 27, 1984, FOR THE ABOVE-VIOLATIONS WITH A PROPOSED PENALTY OF $48,500. * ADMINISTRATIVE LAW JUDGE JONES WAS ASSIGNED TO THE CASE ON NOV 15, 1984. * THE FIRST SETTLEMENT CONF WAS HELD IN DALLAS ON DEC 16, 1984. * BASED ON THE FACTS DETERMINED AT THE DEC 16, 1984, SETTLE MENT CONF, VIOLATIONS FOR LACK OF A DISPOSAL PLAN AND CONTROL OF WIND DISPERSAL WERE DROPPED. * ON JANUARY 31, 1985, A SECOND SETTLEMENT CONF OCCURRED OVER THE PHONE TO CONTINUE NEGOTIATIONS IN AN EFFORT TO REACH SETTLEMENT OF THE ORDER. RESPONDENT AGREED TO COMPLETE A SCHEDULE FOR GROUNDWATER MONITORING. THEY HAD COMPLETED THEIR RCRA NOTIFICATION AND PART A APPLIC- ATION. RESPONDENT ALSO INDICATED THAT STEPS WERE BEING TAKEN TO COMPLY WITH THE SAFETY REQUIREMENTS AND FINAN- CIAL ASSURANCE REQUIREMENTS. * A WASTE ANALYSIS PLAN AND OPERATING RECORD AND LOG WERE SUBMITTED TO EPA ON FEB 18, 1985. * QUARTERLY REPORTS, NOTIFICATION AND PART A APPLICATION WERE SENT TO EPA ON FEB 22, 1985. *

Defendants (1)

• MADEWELL & MADEWELLNamed in complaint

Facilities (1)

• MADEWELL AND MADEWELL INCORPORATED

  9400 N CHOCTAW RD, JONES, OK, 73049

  Registry ID: 110000617912

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Timeline (5 milestones)

• 1986-06-30Referred To Headquarters
• 1986-09-09Referred To Dept Of Justice
• 1990-06-14Complaint Filed With Court
• 1995-08-08Enforcement Action Closed
• 1995-08-08Concluded