EPA v. DAKOTA KROME PLATING

Case summary

WE ARE REFERRING THIS CASE TO YOU FOR A PROPOSED CIVIL ACTION UNDER SECTION 1423 OF THE SAFE DRINKING WATER ACT, 42 USC 300H-2. THIS IS A MIXED MEDIA CASE WHICH ALSO INCLUDES CLAIMS UNDER BOTH SECTIONS 3008 AND 7003 OF THE RESOURCE CONSERATION AND RECOVERY ACT, 42 USC 6928 AND 6973, REQUIRING CLOSE COORDINTATION BETWEEN THE PROGRAMS. THE DRINKING WATER PROGRAM HAS BEEN IDENTIFIED AS THE REGIONAL LEAD IN THIS MATTER, AND WE RECOMMEND THAT THE SAME PROGRAM HAVE THE LEAD AT THE HEADQUARTERS LEVEL. THE CASE INVOLVES THE UNAUTHORIZED DISPOSAL OF HAZARDOUS WASTE INTO A DRAINFIELD AND WELL, BOTH OF WHICH ARE CLASS IV WELLS UNDER THE UNDERGROUND INJECTION CONTROL PROGRAM. THE HAZARDOUS WASTE IS A BY-PRODUCT OF A CHROME PLATING BUSINESS OWNED BY MR. AND MRS. EUGENE JOBGEN. A VETERINAR- IAN, DR. JAMES NORRIS, OWNS THE PROPERTY ON WHICH THE WASTE WAS DISCHARGED.

Defendants (4)

• DAKOTA KROME PLATINGNamed in complaintNamed in settlement
• JOBGEN, MR. AND MRS. EUGENENamed in complaintNamed in settlement
• NORRIS VETERINARY AND SUPPLY, INC.Named in complaintNamed in settlement
• NORRIS, DR. JAMES V.Named in complaintNamed in settlement

Facilities (1)

• DAKOTA KROME

  2021 EAST HWY 44, RAPID CITY, SD, 57701

  Registry ID: 110006120161

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• SDWA 1423 — Safe Drinking Water Act

Enforcement conclusions (1)

• EUGENE JOBGEN/DBA/DAKOTA KROMEentered 1990-10-30

  Primary law: SDWA

  Federal penalty: $16,000

Timeline (7 milestones)

• 1987-09-15Referred To Headquarters
• 1987-11-12Referred To Dept Of Justice
• 1988-08-24Complaint Filed With Court
• 1990-10-30Final Order Lodged
• 1990-10-30Final Order Entered
• 1990-10-30Concluded
• 1990-11-28Enforcement Action Closed