EPA v. NIBCO, INC.

Case summary

NIBCO , INC. WAS INCORPORATED IN AND UNDER THE LAWS OF THE STATE OF INDIANA ON OR ABOUT DEC. 15, 1909 ( NIBCO, INC. OF INDIANA ). NIBCO, INC., NACOGDOCHES DIVISION ( RESPONDENT ), IS A DIVI- SION OF NIBCO, INC. OF INDIANA AND IS AUTHORIZED TO DO BUS- INESS IN THE STATE OF TEXAS. RESPONDENT MAY BE SERVED WITH LEGAL PROCESS BY SERVING ITS REGISTERED AGENT, C.T. CORPORATION SYSTEM, AT 350 NORTH ST. PAUL STREET, DALLAS, TX. 75201. RESPONDENT OWNS AND OPERATES A BUSINESS LOCATED AT 723 SOUTH FREDONIA STREET, NACOGDOCHES, TX., WHERE IT CONDUCTS BRASS FOUNDRY AND BRASS VALVE MANUFACTURING AND FINISHING OPERATIONS (THE PLANT ). RESPONDENT'S PLANT IS COMPRISED OF TWO FOUNDRIES. UNIT 1, BUILT IN 1942, USES THREE ELECTRICAL INDUCTION FURNACES. UN- IT 2 IS A NEWER, MORE AUTOMATED FOUNDRY AND USES FOUR ELECT- RICAL INDUCTION FURNACES. RESPONDENT GENERATES AND HANDLES SEVERAL DIFFERENT WASTES RESULTING FROM THE FOUNDRY AND MANUFACTURING PROCESSES. THE CITY OF NACOGDOCHES (THE CITY ) OPERATESA MUNICIPAL LANDFILL UNDER TEXAS PERMIT NO. 720 (THE MUNICIPAL LAND- FILL ). ON OR ABOUT AUG. 15, 1980, RESPONDENT SUBMITTED A NOTIFICA- TION OF HAZARDOUS WASTE ACTIVITY TO EPA. IN THE NOTIFICA- TION, RESPONDENT STATED THAT THE NOTIFICATION REQUIREMENT DOES NOT APPLY FOR NIBCO, INC., NACOGDOCHES DIVISION. IN ITS COVER LETTER, RESPONDENT CLAIMED THAT IT WAS EXEMPT FROM THE NOTIFICATIONS REQUIREMENTS. ON OR ABOUT SEPT. 14, 1983, RESPONDENT SUBMITTED ANOTHER NOTIFICATION OF HAZARDOUS WASTE ACTIVITY TO EPA. RESPONDENT INDICATED THAT THE DOCUMENT CONSTITUTED ITS FIRST NOTIFICA- TION OF HAZARDOUS WASTE ACTIVITY. IN THE SECOND NOTIFICATION, RESPONDENT CERTIFIED THAT IT GENERATED AND TREATED, STORED, OR DISPOSED OF HAZARDOUS WASTE. ON OR ABOUT NOV. 15, 1983, RESPONDENT SUBMITTED A PERMIT APPLICATION FOR INDUSTRIAL SOLID WASTE STORAGE/PROCESSING/ DISPOSAL FACILITY, PART A - FACILITY BACKGROUND INFORMATION TO THE TEXAS DEPT. OF WATER RESOURCES. ON OR ABOUT MAY 21, 1984, RESPONDENT SUBMITTED A HAZARDOUS WASTE PERMIT APPLICATION TO EPA. ON APR. 2, 1985, THE TWDR INFORMED RESPONDENT THAT IT COULD, AS AN ALTERNATIVE TO OBTAINING A PERMIT FOR LANDFILL, WASTE PILES, AND SURFACE IMPONDMENTS ON PLANT PROPERTY, SUBMIT A PLAN FOR THE CLOSURE OF SUCH UNITS TO TWDR. ON MAY 17, 1985, EPA INFORMED RESPONDENT THAT IT COULD CLOSE THE LANDFILL, WASTE PILES AND SURFACR IMPOUNDMENTS UNDER IN- TERIM STATUS STANDARDS IN LIEU OF SUBMITTING A PART B PERMIT APPLICATION FOR SUCH ACTIVITIES. ON DEC. 17, 1985, THE TWC APPROVED BY LETTER RESPONDENT'S HAZARDOUS WASTE MANAGEMENT FACILITY CLOSURE PLAN. ON APR. 17, 1989, RESPONDENT COMPLETED AND NOTARIZED AN AF- FIDAVIT OF EXCLUSION FROM HAZARDOUS WASTE PERMITTING RE- QUIREMENT, WHICH RESPONDENT SUBMITTED TO THE TWC. ON JUN. 12, 1989, TWC IN A LETTER TO RESPONDENT STATED ITS APPLICATION FOR A HAZARDOUS WASTE PERMIT HAD BEEN WITHDRAWN. ON APR. 27-28, 1992, TWC INSPECTORS CONDUCTED A COMPLIANCE EVALUATION INSPECTION OF THE PLANT. ON APR. 27-29, 1992, EPA INSPECTORS CONDUCTED A CASE DEVE- LOPMENT INSPECTION OF THE PLANT. THE LEAD EPA INSPECTOR GAVE RESPONDENT THE OPPORTUNITY TO MAKE A CONFIDENTIAL INFORMA- TION CLAIM WITH RESPECT TO THE INFORMATION OBTAINED DURING THE EPA INSPECTION. RESPONDENT DECLINED EPA'S OFFER. EPA SENT A REQUEST FOR INFORMATION TO RESPONDENT ON AUG. 27, 1992. RESPONDENT PROVIDED EPA WITH ITS AN

Defendants (1)

• NIBCO, INC.Named in complaintNamed in settlement

Facilities (1)

• NIBCO INCORPORATED NACOGDOCHES DIVISION

  723 S. FREDONIA ST., NACOGDOCHES, TX, 75961

  Registry ID: 110000458790

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• NIBCO, INC.entered 1996-09-30

  Primary law: RCRA

  Federal penalty: $750,000

Timeline (5 milestones)

• 1992-12-18Complaint Filed/Proposed Order
• 1994-06-06Enforcement Action Data Entered
• 1996-09-30Final Order Issued
• 2001-03-08Compliance Achieved
• 2001-03-08Enforcement Action Closed