EPA v. ENVIROSAFE/MARTIN MARIETTA

Case summary

DATE REFERRED WAS 09/26/90. THIS CASE CONCERNS THE TRANSPORATION AND DISPOSAL OF SLUDGES FROM THE MARTIN MARIETTA ASTRONAUTICS GROUP ( MARTIN MARIETTA ) INDUSTRIAL WASTEWATER TREATMENT PLANT ( IWTP ) AT MARTIN MARIETTA'S WATERTON, CORLORADO FACILITY. THE VIOLATIONS TO BE ALLEGED ARE ALL UNDER THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT, AS FURTHER AMENDED BY THE HAZARDOUS AND SOLID WASTE ACT, 42 U.S.C. 6901 ET SEQ. (HEREINAFTER REFERRED TO AS RCRA OR THE ACT AND INCLUDE VIOLATIONS OF THE HAZARDOUS WASTE DETERMINATION, MANIFEST, LAND DISPOSAL RESTRICTIONS AND DISPOSAL REQUIREMENTS. THE IWTP AND WASTEATER DISCHARGES THEREFROM, ARE REGULATED UNDER A COLORADO POLLUTION DISCHARGE ELIMINATION SYSTEM ( COPDES ) PERMIT ISSUED BY THE STATE OF COLORADO. SLUDGES GENERATED BY THE IWTP ARE NOT REGULATED UNDER THE COPDES PERMIT. THE IWTP FORMERLY CONSISTED OF THREE DISTINCT PHASES OR PROCESSES. EACH PROCESS GENERATED SLUDGES. THE WASTEATER TREATED AT THE IWTP MOVED THROUGH EACH IN SUCCESSION. THE THIRD PHASE WAS AN AERATION POND. THE AERATION POND WAS IN USE FROM CONSTRUCTION IN 1972, THROUGH 1985. MARTIN MARIETTA SHIPS THE SLUDGE FROM THE FIRST PHASE TO RCRA REGULATED FACILITIES AS HAZARDOUS WASTE (RCRA HAZARDOUS WASTE NUMBER F019). MARTIN MARIETTA HAS ALSO, HOWEVER, SHIPPED SLUDGES GENERATED BY THE AERATION POND TO A DISPOSAL FACILITY IN IDAHO. MARTIN MARIETTA HAS BEEN SHIPPING THESE SLUDGES AS NON-HAZARDOUS FOR RCRA PURPOSES. EPA AND CDH HAVE CONSISTENTLY ARGUED THAT THE SLUDGES FROM THE AERATION POND IS A RCRA HAZARDOUS WASTE. MARTIN MARIETTA HAS CONSISTENTLY ARGUED THAT THE AERATION POND SLUDGE IS NOT, AND HAS ARGUED ON MORE THAN ONE OCCASION THAT THE RCRA HAZARDOUS WASTES FOUND IN THE SLUDGE WERE FROM ASPHALT RUNOFF. EPA AND CDH BECAME AWARE THAT MARTIN MARIETTA WAS DISPOSING OF THE AERATION POND SLUDGE AS NON-HAZARDOUS IN OCTOBER 1989. EPA WAS INFORMED BY CDH THAT MARTIN MARIETTA WAS SHIPPING SLUDGE FROM THE AERATION POND TO AN IDAHO FACILITY, ENVIROSAFE SERVICES OF IDAHO, INC. ( ENVIROSAFE ) IN VIOLATION OF RCRA, THE COLORADO HAZARDOUS WASTE ACT ( CHWA ), AND A 1986 CONSENT AGREEMENT BETWEEN THE STATE OF COLORADO AND MARTIN MARIETTA REGARDING, IN PART, THE AERATION POND. AFTER BEING INFORMED BY CDH THAT MARTIN MARIETTA HAD SHIPPED 17 TRUCK LOADS OF THE AERATION POND SLUDGE TO ENVIROSAFE, EPA ORALLY REQUESTED THAT MARTIN MARIETTA STOP SHIPMENTS AND REMANIFEST WASTES IN ANY OF THE TRUCKS WHICH HAD NOT ALREADY BEEN OFFLOADED AT ENVIROSAFE AS HAZARDOUS. FOUR TRUCKLOADS HAD NOT BEEN OFFLOADED, AND MARTIN MARIETTA DID REMANIFEST THESE TRUCKLOADS OF WASTES AS HAZARDOUS WASTE ON FEBRUARY 16, 1990, CDH ISSUED AN ADMINISTRATIVE ORDER TO MARTIN MARIETTA (THE 1990 STATE AO ) REGARDING THE AERATION POND SLUDGE SHIPMENT OF THE AERATION POND SLUDGE; STOP ALL ACTIVITY AT THE AERATION POND UNTIL A CLOSURE PLAN IS APPROVED BY CDH; AND REMANIFEST THE SHIPMENTS ALREADY MADE. REGION VIII PROPOSES REQUIRING ALL APPROPRIATE ACTIONS BE TAKEN TO REMEDY ANY ENVIRONMENTAL HARM WHICH HAS OCCURRED OR MAY OCCUR. REGION VIII ALSO PROPOSES SEEKING PENALTIES FOR EACH OF THESE VIOLATIONS. REGION VIII PROPOSES SEEKING $25,0000 FOR EACH VIOLATION BY MARTIN MARIETTA; $20,000 FOR EACH VIOLATION BY ENVIROSAFE. EPA'S OFFICE OF CRIMINAL INVESTIGATIONS IS PRESENTLY ENGAGED IN AN INVESTIGATION OF POSSIBLE CRIMINAL VIOLATIONS OF RCRA AT THE MARTIN MARIETTA FACILITY. AT LEAST PART OF THIS INVESTIGATION INCLUDES AN INVE

Defendants (2)

• ENVIROSAFE SERVICES OF IDAHO, INC.
• MARTIN MARIETTA CORP., ASTRONAUTICS GRP.

Facilities (3)

• LOCKHEED MARTIN WATERTON PLANT

  12257 SOUTH COLORADO HWY 121, LITTLETON, CO, 80127

  Registry ID: 110000610429

• LOCKHEED MARTIN WATERTON PLANT

  12257 SOUTH COLORADO HWY 121, LITTLETON, CO, 80127

  Registry ID: 110000610429

• LOCKHEED MARTIN WATERTON PLANT

  12257 SOUTH COLORADO HWY 121, LITTLETON, CO, 80127

  Registry ID: 110000610429

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Timeline (6 milestones)

• 1989-10-06Enforcement Action Data Entered
• 1990-09-26Referred To Dept Of Justice
• 1990-09-26Referred TO U.S. Attorney
• 1990-09-26Complaint Filed With Court
• 1991-03-13Concluded
• 1991-03-13Enforcement Action Closed