EPA v. TRUE MANUFACTURING CO, INC

Case summary

6/5/02: ON MAY 28, 2002, REGION VII REFERRED VIOLATIONS SEL F-DISCLOSED BY TRUE MANUFACTURING CO., INC. (TRUE) PURSUANT TO THE FINAL POLICY STATEMENT, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATI ONS (SELF DISCLOSURE POLICY). TRUE SELF-DISCLOSED VIOLATION S UNDER THE SOLID WASTE DISPOSAL ACT OF 1976, COMMONLY REFER RED TO AS THE RESOURCE CONSERVATION AND RECOVERY ACT, AS AME NDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (R CRA), AND THE FEDERAL WATER POLLUTION CONTROL ACT, COMMONLY REFERRED TO AS THE CLEAN WATER ACT (CWA) AT TRUE'S O'FALLON, MISSOURI, FACILITY. EPA REGION VII PREVIOUSLY REFERRED VIOLATIONS OF THE CLEAN A IR ACT AT TRUE'S O'FALLON, MISSOURI, FACILITY. SUBSEQUENT T O THAT REFERRAL, TRUE AND THE UNITED STATES ENTERED INTO SET TLEMENT DISCUSSIONS TO RESOLVE ALL OUTSTANDING CLAIMS AGAINS T TRUE. BECAUSE ALL CLAIMS ARE BEING NEGOTIATED TOGETHER FO R SETTLEMENT PURPOSES, REGION VII IS REFERRING THE SELF-DISC LOSED VIOLATIONS 6/5/02: FOR INCLUSION IN THE COMPLAINT TO BE FILED SIMULTAN EOUSLY WITH THE LODGING OF A CONSENT DECREE. TRUE MEETS EACH OF THE NINE CONDITIONS OF THE SELF-DISCLOSUR E POLICY FOR ELIMINATING THE TOTAL GRAVITY-BASED PENALTY FOR THESE VIOLATIONS THAT OTHERWISE MIGHT BE ASSESSED UNDER RCR A AND THE CWA. EPA REGION VII WILL NOT SEEK A GRAVITY-BASED PENALTY FOR THESE VIOLATIONS. THE ECONOMIC BENEFIT FOR THE SE VIOLATIONS IS NOMINAL AND EPA REGION VII WILL NOT SEEK AN Y ECONOMIC BENEFIT. TRUE HAS SUBMITTED DOCUMENTATION DEMONS TRATING THAT TRUE HAS IMPLEMENTED PROCEDURES TO CORRECT THE VIOLATIONS AND TO ENSURE THAT SUCH VIOLATIONS WILL NOT BE RE PEATED. VIOLATIONS SELF-DISCLOSED BY TRUE; EPA REGION VII PREVIOUSLY REFERRED VIOLATIONS OF THE CAA - REFERRING SELF-DISCLOSED VIOLATIONS FOR INCLUSION IN THE CAA COMPLAINT.

Defendants (1)

• TRUE MANUFACTURING, CONamed in complaintNamed in settlement

Facilities (1)

• TRUE MFG CO INC

  301 CANNONBALL LN, O FALLON, MO, 63366

  Registry ID: 110001470159

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• TRUE MANUFACTURING CO, INCentered 2004-06-29

  Primary law: CAA

  Federal penalty: $1,500,000 · SEP: $1,900,000

Timeline (7 milestones)

• 2002-05-28Referred To Dept Of Justice
• 2002-06-05Enforcement Action Data Entered
• 2004-04-28Complaint Filed With Court
• 2004-04-28Final Order Lodged
• 2004-06-29Final Order Entered
• 2011-01-11Enforcement Action Closed
• 2011-01-11Pipeline Closed