EPA v. CHEMICAL WASTE MANAGEMENT

Case summary

THIS IS A COUNTERCLAIM AGAINST CWM PURSUANT TO SECTION 3008 OF RCRA. CWM'S COMPLAINT (FILED ON NOVEMBER 9, 1984) SEEKS REVERSAL OF AN ADMINISTRATIVE ORDER ADOPTING AN INITIAL AGENCY DECISION AS A FINAL AGENCY ACTION. THE ADMIN ISTRATIVE ORDER AFFIRMED IMPOSITION OF A $40,000 CIVIL PENALTY AGAINST CWM FOR VIOLATION OF THE RCRA INTERIM STATUS REGULATIONS, AND THE COUNTERCLAIM WOULD SEEK AN ORDER REQUIRING PAYMENT OF THE CIVIL PENALTY PLUS INTEREST. THE LITIGATION TEAM'S PRIMARY REASON FOR INCLUDING A COUNTERCLAI M IS TO PRECLUDE THE AGENCY FROM HAVING TO FILE A SEPARATE CIVIL ACTION TO COMPEL PAYMENT SHOULD CWM FAIL TO MAKE PAYMENT EVEN IF THE DISTRICT COURT FINDS FOR THE UNITED STATE. PLAINTIFF SUED EPA TO CHALLENGE AGENCY ACTION OF ASSESSIN G A $40,000 CIVIL PENALTY; EPA COUNTERCLAIMED FOR ORDER TO PAY ASSESSED PENALTY.

Defendants (1)

• CHEMICAL WASTE MANAGEMENTNamed in complaintNamed in settlement

Facilities (2)

• DENVER ARAPAHOE CHEMICAL WASTE PROCESS FAC

  25700 YALE AVENUE, AURORA, CO, 80014

  Registry ID: 110000610410

• DENVER ARAPAHOE CHEMICAL WASTE PROCESS FAC

  25700 YALE AVENUE, AURORA, CO, 80014

  Registry ID: 110000610410

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• CHEMICAL WASTE MANAGEMENTentered 1986-10-29

  Primary law: RCRA

  Federal penalty: $40,000

Timeline (7 milestones)

• 1985-01-15Referred To Headquarters
• 1985-01-15Referred To Dept Of Justice
• 1985-01-25Complaint Filed With Court
• 1986-10-29Final Order Lodged
• 1986-10-29Final Order Entered
• 1986-10-29Concluded
• 1987-02-17Enforcement Action Closed