EPA v. F & K PLATING V. LEE THOMAS (EPA COUNTERCLAIM)

Case summary

DATA SHEET: THE STATUTE THAT IS THE BASIS FOR THE PROPOSED ACTION: RCRA OF 1976, SECTION 3008(A) AND (G), 42 USC 6928(A) AND (G). THE PROPOSED SITUS OF ADJUDICATION: WESTERN DIST OF OK, WHICH IS THE DIST IN WHICH THE ORIGINAL VIOLATIONS OCCURRED AND IN WHICH F & K PLATING HAS FILED SUIT TO ENJOIN ACTION ON EPA'S FINAL ORDER.THE NAME AND LOCATION OF THE DEFENDANT: F & K PLATING CO., 4420 N. SEWELL,OKLAHOMA CITY, OK 73118.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 HAZ WASTE SURFACE IMPOUNDMENT AT THE FACILITY; WITHIN 90 DAYS PAY A PENALTYOF $43,500.; AND, COMPLY WITH CERTAIN SPECIFIED REGULATORY REQUIREMENTS. THE PROPOSED RELIEF AND PROPOSED PENALTY: MANDATORY INJUNCTIVE RELIEF TO REQUIRE F & K PLATING COMPANY 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.RECENT CONTACTS W/DEF, INCLUDING ANY PREVIOUS ADMIN ENFORCEMENT ACTIONS TAKEN AND NEGO: AN 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 ADMINISTRATIVE LAW JUDGE, F & K PLATING CO. APPEALED THE COMPLAINT AND ORDER WHICH EVENTUALLY LED TO THE ISSUANCE OF THE FINAL ORDER ON 10/8/87. F & K PLATING CO. REQUESTED A RECONSIDERATION OF THE FINAL ORDER WHICH WAS DENIED ON NOV 24, 1987. F & K PLATING THEN FILED AN ACTION IN US DIST COURT IN OK ON DEC 7, 1987, SEEKING TO ENJOIN THE FINAL ORDER. F & K PLATING CO MOVED ADMINSTRATIVELY TO STAY THE EFFECTIVE DATE OF THE FINAL DECISION WHICH MOTION WAS DENIED ON JAN 13, 1988. NO NEGO HAVE TAKEN PLACE IN THE LAST TWO YEARS. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: RCRA DOES NOT EXPLICITLY PROVIDE THE ADMIN OF EPA WITH THE POWER TO SEEK JUDICIAL ENFORCEMENT OF ADMIN ORDERS AND JUDICIAL ASSESSMENT OF PENALTIES FOR NONCOMPLIANCE WITH SUCH ORDERS. A FAVORABLE DECISION WOULD CLARIFY THE AUTHORITY TO ENFORCE ADMIN ORDERS JUDICIALLY. ALSO THIS CASE SHOULD BE FILED AS A COUNTER CLAIM TO F & K'S SUIT TO PREVENT ENFORCEMENT OF THE AO.DATE OF INSPECTION, INFORMATION RESPONSE OR RECEIPT OF EVIDENCE OF VIOLATION THAT LED TO DECISION TO INITIATE ENFORCMENT PROCEEDINGS: THE FILING BY F & K PLATING CO OF ITS DIST COURT COMPLAINT ON DEC 7, 1977 AND THE PASSAGE OF THE COMPLIANCE DATES SPECIFIED IN THE FINAL ORDER INDICATES A NECESSITY FOR JUDICIAL ENFORCEMENT OF THE FINAL ORDER.

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 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• F & K PLATING V. LEE THOMAS (EPA COUNTERCLAIM)-FY 1999entered 1989-06-05

  Primary law: RCRA

  Federal penalty: $31,875

Timeline (7 milestones)

• 1988-01-29Enforcement Action Data Entered
• 1988-01-29Referred To Dept Of Justice
• 1988-02-05Complaint Filed With Court
• 1989-06-05Final Order Lodged
• 1989-06-05Final Order Entered
• 1989-06-05Concluded
• 1999-02-04Enforcement Action Closed