EPA v. TNT GENERAL CONTRACTING, INC; WEBB MINERALS, LLC AND TRUMP TRUST

Case summary

ON JUNE 19, 2012, EPA REGION 7 FILED A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING AGAINST TNT GENERAL CONTRACTING (TNT), WEBB MINERALS, LLC (WEBB) AND THE GARY AND CAROL TRUMP TRUST (THE TRUST) FOR VIOLATIONS OF RCRA AND THE CLEAN WATER ACT FOR VIOLATIONS AT THE TNT FACILITY IN KAHOKA, MISSOURI. TNT FORMULATED ZINC FERTILIZER USING SECONDARY ZINC-BEARING MATERIALS FROM VARIOUS PLATING COMPANIES, GALVANIZING COMPANIES, AND OTHER SOURCES. WEBB WAS A CO-OPERATOR OF THE FACILITY, PROCURING THE MATERIALS AND DIRECTING MIXING OPERATIONS AT THE TNT FACILITY. THE TRUST IS THE OWNER OF THE FACILITY. SEVERAL YEARS AGO, EPA PASSED ZINC FERTILIZER REGULATIONS (RCRA), WHICH ALLOW THE USE OF ZINC-BEARING SECONDARY MATERIALS IN MAKING FERTILIZER, PROVIDED CERTAIN WORK PRACTICES AND MATERIALS MANAGEMENT REQUIREMENTS ARE FOLLOWED AND NOTIFICATION PROVISIONS ARE FOLLOWED. THE STATE OF MISSOURI ADOPTED THESE REGULATIONS; HOWEVER, TNT/WEBB WAS NOT COMPLYING WITH ANY THE WORK PRACTICES OR NOTIFICATION REQUIREMENTS, AND AS A RESULT, A LARGE AREA AT THE FACILITY WAS CONTAMINATED WITH LEAD, ZINC, CADMIUM, COPPER, AND HEXAVALENT CHROMIUM, WHICH ALSO WASHED OFF INTO A NEARBY RETENTION POND AND INTO A CREEK THAT RUNS THROUGH THE FACILITY. SOIL AND WATER SAMPLES SHOWED SIGNIFICANT LEVELS OF IN SEPTEMBER, 2010, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER UNDER SECTION 7003 OF RCRA AND SECTION 309(A) OF THE CLEAN WATER ACT ORDERING THE PARTIES TO CEASE OPERATIONS, PERFORM AN INVESTIGATION AND CLEANUP AT THE FACILITY, AND OBTAIN A STORM WATER PERMIT. THE FACILITY COULD RESUME OPERATIONS ONCE THEY PROVIDED A CERTIFIED STATEMENT OUTLINING HOW THEY WOULD COMPLY WITH RCRA IN THE FUTURE. ON MAY 23, 2012, EPA RECEIVED A CERTIFICATION FROM TNT AND THE TRUST THAT IT HAS DECIDED NOT OPERATE IN THE FUTURE; HOWEVER, WEBB HAS NOT PROVIDED A CERTIFICATION. MATERIALS FROM THE TNT FACILITY WHICH WERE HAZARDOUS WASTE WERE SHIPPED TO AN AGRIUM FACILITY IN REGION 4, RESULTING IN AN ENFORCEMENT ACTION IN THAT REGION. IN AUGUST, 2011, EPA SENT A PRE-FILING LETTER TO THE PARTIES, SEEKING PROPOSED PENALTIES FOR VIOLATIONS OF RCRA AND THE CLEAN WATER ACT. NEGOTIATIONS WERE UNSUCCESSFUL, SO EPA FILED A COMPLAINT. SINCE CLEANUP AT THE FACILITY IS BEING PERFORMED UNDER THE PRIOR RCRA 7003/CWA 309(A) ORDER, THE COMPLAINT ONLY SEEKS PENALTIES FOR THE RCRA AND CWA VIOLATIONS. THE COMPLAINT ORDERS THE PARTIES TO PAY A CIVIL PENALTY OF $1,406,688.76.

Defendants (3)

• GARY AND CAROL TRUMP TRUSTNamed in complaint
• TNT GENERAL CONTRACTING, INCNamed in complaint
• WEBB MINERALS, LLCNamed in complaint

Facilities (1)

• TNT GENERAL CONTRACTING INC.

  RURAL ROUTE 3, KAHOKA, MO, 63445

  Registry ID: 110041874264

Statutes cited

• RCRA 3008G — Penalty Authority
• CWA 301/402 — NPDES Permit Violations
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Timeline (4 milestones)

• 2012-06-19Complaint Filed/Proposed Order
• 2012-06-20Enforcement Action Data Entered
• 2014-01-30Enforcement Action Closed
• 2014-01-30Pipeline Closed