EPA v. MADEWELL & MADEWELL

Case summary

BACKGROUND: * RESP CONDUCTS BUSINESS OF RECLAIMING LEAD PLATES AND PLAS- TIC AND RUBBER COMPONENTS AT ITS FACILITY. * A CONSULTANT'S REPORT WAS ISSUED IN AUG 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 THE 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 LIMITS FOR LEAD INT HE 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 VIOLATIOS IN AREAS OF SECURITY, NO CONTAINMENT SYSTEMS, AND LACK OF GROUNDWATER MONITORING. * VIOLATIONS NOTED IN THE 1984 INSPECTION CONSIST OF NO DIS- POSAL 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. * ACTIONS TO DATE: * A 3008 COMPLIANCE ORDER WAS ISSUED ON SEPT 27, 1984, FOR THE ABOVE-VIOLATIONS WITH A PROPOSED PENALTY OF $48,500. * ALJ 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 CON- TROL OF WIND DISPERSAL WERE DROPPED. * ON JAN 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 APPLICATION. RESP ALSO INDICATED THAT STEPS WERE BEING TAKEN TO COMPLY WITH THE SAFETY REQUIREMENTS AND FINANCIAL ASSURANCE REQUIREMENTS. * A WASTE ANALYSIS PLAN AND OPERATING RECORD AND LOG WERE SUBMITTED TO EPA ON FEB 18, 1985. * QUARTERLY REPORTS, NOTIFICATION AND APRT A APPLICATION WERE SENT TO EPA ON FEB 22, 1985. * DOCUMENTATION OF SAFETY REQUIREMENTS WERE SENT TO EPA FEB 21, 1985.

Defendants (1)

• MADEWELL & MADEWELLNamed in complaintNamed in settlement

Facilities (1)

• MADEWELL AND MADEWELL INCORPORATED

  9400 N CHOCTAW RD, JONES, OK, 73049

  Registry ID: 110000617912

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• MADEWELL & MADEWELL

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (3 milestones)

• 1984-09-27Complaint Filed/Proposed Order
• 1986-09-02Enforcement Action Closed
• 1989-01-18Enforcement Action Data Entered