EPA v. MCKINNEY SMELTING, INC.

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2615. 2. MCKINNEY SMELTING, INC., A TEXAS CORPORATION 300 N. MACDONALD MCKINNEY, DALLAS COUNTY, TEXAS 75070 3. RESPONDENT WAS IN VIOLATION OF SECTION 15(1)(C) OF TSCA BY FAILING TO DISPOSE OF NON-LIQUID PCBS AT CONCENTRA- TIONS OF 50 PPM OR GRETAER IN THE FORM OF CONTAMINATED SOIL IN AN INCINERATOR (WHICH COMPLIES WITH 40 C.F.R. SECTION 761.70) OR IN A CHEMICAL WASTE LANDFILL (WHICH COMPLIES WITH 40 C.F.R. SECTION 761.75). DEFENDANT VIOLA- TED 40 C.F.R. 761.60(A)(4) BY DISPOSING OF PCBS IN CON- CENTRATIONS OF GREATER THAN 50 PPM AT ITS FACILITY. PROOF OF THIS FACT IS EVIDENCED BY TWO SAMPLES TAKEN OF FRESH OIL-STAINED SOIL DURING AN INVESTIGATION OF DEFENDANT CONDUCTED BY A TDH INSPECTOR ON JUL. 26, 1990. TO DATE, ON JUL. 26, 1990, THE TEXAS DEPT. OF HEALTH (TDH) IN- SPECTED THE SITE. AT THE TIME OF THE INSPECTION, THE IN- SPECTOR OBSERVED VARIOUS PILES OF TRANSFORMER CANS AND TRANSFORMER PARTS. THE TRANSFORMER CANS HAD NO RECORD OF ANALYTICAL RESULTS OF CERTIFICATION OF PCB CONTENT FOR THIS EQUIPMENT. THE INSPECTOR ALSO OBSERVED OIL STAINS ON THE GROUND IN THE AREAS OF THE AFOREMENTIONED EQUIPMENT, AND COLLECTED 5 SAMPLES OF THE FRESH OIL-STAINED SOIL. TWO OF THE FIVE SAMPLES TAKEN DURING THE INSPECTION RE- VEALED PCB CONTAMINATION GREATER THAN 50 PARTS PER MIL- LION (PPM). A COPY OF THESE SAMPLE RESULTS AND INFORMA- TION CONCERNING THE NEED TO REMEDIATE THE CONTAMINATION WERE SENT TO THE OWNER OF THE FACILITY BY TDH ON SEPT. 18, 1990. TO DATE, THE SITE HAS NOT BEEN REMEDIATED AND THUS THERE HAS EXISTED A CONTINUING VIOLATION. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA SUBMITS THESE DIRECT REFERRAL TO DOJ FOR PROSECUTIVE ASSISTANCE. EPA IS SEEKING AN INJUNCTION AGAINST THE DEFENDANT RE- QUIRING THE REMEDIATION AND CLEAN-UP OF THE PCB CONTAMIN- ATION AT THE MCKINNEY SMELTING SCRAP METAL RECYCLING FA- CILITY. 5. ENVIRONMENTAL JUSTICE ISSUES: AN ENVIRONMENTAL JUSTICE ANALYSIS INDICTED THAT ENVIRONMENTAL JUSTICE CONCERNS DO EXIST IN THE AREA SURRONDING DEFENDANT'S FACILITY. THE RANKING VALUES UNDER THE EJ INDEX PUT THE ONE MILE RADIUS SURRONDING DEFENDANT'S FACILITY GREATER THAN 1.44 TIMES THE STATE PERCENTAGE BUT LESS THAN 1.66 TIMES THE STATE PERCENTAGE. THE PERCENTAGE MINORITY IS 63% AND THE PER- CENTAGE ECONOMICALLY STRESSED IS 43.9%; THE STATE AVER- AGES ARE 39.4% AND 27.6%, RESPECTIVELY. 6. NO NATIONALLY SIGNIFICANT ISSUES. 7. DATE REFERRED JUN. 27, 1997. 8. SMALL BUSINESS REGULATORY ENFORCEMENT AND FAIRNESS ACT: DEFENDANT DOES NOT QUALIFY AS A SMALL BUSINESS OR QUALIFY FOR PENALTY ELIMINATION OR REDUCTION IN THE JUN. 10, 1996 FINAL POLICY ON COMPLIANCE INCENTIVES FOR SMALL BUSINESS- ES BECAUSE DEFENDANT DOES NOT MEET THE CRITERIA. 9. REGIONAL CONTACT FOR CWA: TAYLOR SHARPE.

Defendants (2)

• MCKINNEY SMELTING, INC.Named in complaintNamed in settlement
• MCIKINNEY, CITY OFNamed in settlement

Facilities (2)

• MCKINNEY SMELTING INCORPORATED

  300 N MCDONALD, MCKINNEY, TX, 75070

  Registry ID: 110009312797

• MCKINNEY CITY OF

  PO BOX 517, MC KINNEY, TX, 75069

  Registry ID: 110010746229

Statutes cited

• TSCA 6-PCBS — PCBS
• CWA 301 — NPDES Discharge without a Permit
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (2)

• MCKINNEY, CITY OFentered 1998-09-16

  Primary law: RCRA

• MCKINNEY SMELTINGentered 1998-09-16

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1997-06-27Referred To Dept Of Justice
• 1997-09-17Enforcement Action Data Entered
• 1998-07-10Final Order Lodged
• 1998-07-10Complaint Filed With Court
• 1998-09-16Final Order Entered
• 1998-09-16Concluded
• 1999-01-05Enforcement Action Closed