EPA v. THOMAS PLATING, INC.

Case summary

THE PURPOSE OF THIS REFERRAL IS TO RECOVER PAST EPA RESPONSE COSTS UNDER CERCLA AND TO COLLECT APPROPRIATE RELIEF FOR VIOLATIONS OF AUTHORIZED RCRA SUBTITLE C REQUIREMENTS FROM THOMAS PLATING COMPANY, INC., ITS OWNER, F. JEROME THOMAS, AND ITS SUCCESSOR-IN-INTEREST, A-Z CO. THOMAS PLATING CO. IS A METAL FINISHING BUSINESS. THE PRO- POSED CERCLA ACTION ARISES FROM EPA'S EMERGENCY REMOVAL ACTION AND ATTEMPT TO RECOVER COSTS FROM THE CO. FOLLOWING THE PLANT'S CLOSURE ON 2/23/95, EPA PERFORMED A SITE ASSESS- MENT AND EMERGENCY REMOVAL ACTION. SINCE THAT TIME, EPA HAS SOUGHT TO RECOVER ITS COSTS IN THE AMOUNT OF $302,943. EPA ISSUED A DEMAND FOR PAYMENT ON 7/23/96. TO DATE, EPA HAS NOT RECEIVED A PAYMENT FOR REIMBURSEMENT. EPA ALSO SEEKS $712,635 FOR RCRA VIOLATIONS. THESE VIO- LATIONS CONSIST OF VIOLATIONS OF PREVIOUS NOTICES OF VIO- LATIONS DATING BACK TO 1990. IN A 1990 NOV, RESPONDENT STORED HAZARDOUS WASTES IN OPEN CONTAINERS AND EXCEEDED THE ALLOWABLE TIME FOR SUCH STORAGE. IN A 1994 NOV, RESPONDENT FAILED TO MAKE HAZARDOUS WASTE DETERMINATIONS, TREATING AND DISPOSING OF CHEMICALS WITHOUT A PERMIT, DISPOSAL OF ON-SITE, TREATMENT OR STORAGE OF ANY HAZARDOUS WASTE WITHOUT HAVING EITHER INTERIM STATUS OR PER= MIT, FAILURE TO CONDUCT ADEQUATE CONTAINER INSPECTIONS, FAILURE TO TRANSFER HAZARDOUS WASTE FROM A DAMAGED CONTAINER TO A GOOD ONE, FAILURE TO CONDUCT ADEQUATE CONTAINER INSPEC- TIONS AND FAILURE TO MAINTAIN AND OPERATE FACILITY IN A MANNER TO MINIMMIZE THE RELEASE OF HAZARDOUS WASTES. SIMILAR VIOLATIONS OCCURRED IN 1995, 96. RESPONDENT ALSO FAILED TO COME INTO COMPLIANCE WITH 3 ORDERSISSUED IN 1996.

Defendants (1)

• THOMAS PLATINGNamed in complaintNamed in settlement

Facilities (1)

• THOMAS PLATING COMPANY INCORPORATED

  4695 SO WINDEMERE, ENGLEWOOD, CO, 80110

  Registry ID: 110022515991

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• THOMAS PLATING, INC.entered 1999-06-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-09-15Referred To Dept Of Justice
• 1997-09-16Enforcement Action Data Entered
• 1998-07-16Complaint Filed With Court
• 1999-06-18Concluded
• 1999-06-18Final Order Lodged
• 1999-06-18Final Order Entered
• 2000-05-19Enforcement Action Closed