EPA v. IT CORPORATION

Case summary

IT CORPORATION OWNS AND OPERATES HAZARDOUS WASTE TRANSPOR- TATION AND DISPOSAL FACILITIES THROUGHOUT THE UNITED STATES. ONE OF THE MANY IT FACILITIES IS NAMED THE BAKER FACILITY AND IS LOCATED NEAR MARTINEZ, CA. AT THE BAKER FACILITY HAZARDOUS WASTES ARE TREATED, STORED, AND DISPOSED OF IN SURFACE IMPOUNDMENTS. RECORDS FURNISHED BY IT SHOW THAT SURFACE IMPOUNDMENTS D-1 AND D-2 WERE EMPTY FROM JULY 1985 TO JANUARY 1986, SURFACE IMPOUNDMENTS D-3 AND E WERE EMPTY FROM MAY 1985 TO JANUARY 1986. IT IS IN THE PROCESS OF CONSTRUCTING A SLURRY WALL TO CONFINE WASTES IN IMPOUNDMENTS D-2 AND D-3. THE SURFACE IMPOUNDMENTS WERE OBSERVED TO BE FULL ON MARCH 18, 1986. THE SURFACE IMPOUNDMENTS MEET THE DEFINITION OF REPLACEMENT UNITS AND SHOULD HAVE MET THE MINIMUM TECHNOLOGY REQUIREMENTS PRIOR TO REUSE. (THE MINIMUM TECHNOLOGY REQUIREMENTS ESSENTIALLY REQUIRE A DOUBLE LINER AND A LEACHATE COLLECTION SYSTEM BEFORE REUSE.) HOWEVER, THE IMPOUNDMENTS DID NOT MEET THE MINIMUM TECHNOLOGY REQUIRE- MENTS. THE LEGAL BASES FOR THE VIOLATION ARE SECTIONS 3004(B), (42 U.S.C. 6924) AND 3015 (42 U.S.C. 6935) OF THE RESOURCE CONSERVATION AND RECOVERY ACT AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. THESE PROVISIONS ARE INTERPRETED BY EPA/530-SW-85-012 DATED MAY 24, 1985 (REAUTH- ORIZATION STATUTORY INTERPRETATION #5D). THIS IS A SERIOUS VIOLATION BECAUSE OF THE FOLLOWING FACTORS: 1. THE FACILITY HAS REPORTED ELEVATED LEVELS OF HAZARD- OUS WASTE CONSTITUENTS IN FOUR (4) GROUND WATER MONITORING WELLS. THE STATE REGULATORY AGENCY HAS ORDERED IT TO ASSESS THE EXTENT OF THE MIGRATION. 2. THE FACILITY IS LOCATED IN A MARSHY AREA IMMEDIATELY ADJACENT TO PACHECO CREEK, A TRIBUTARY OF SUISUN BAY, WHICH CONNECTS THE SAN FRANCISCO/SAN PABLO BAYS WITH THE SACRAMENTO/SAN JOAQUIN RIVER DELTA. 3. IT OFFICIALS WERE ADVISED OF THE REQUIREMENTS CONCERN- ING REPLACEMENT UNITS ON FEBRUARY 21, 1986, AT A MEETING AT THE OFFICES OF THE REGIONAL WATER QUALITY CONTROL BOARD, STATE OF CALIFORNIA, IN OAKLAND ATTENDED BY REPRESENTATIVES OF IT, EPA, DEPARTMENT OF HEALTH SERVICES, STATE OF CA AND THE REGIONAL WATER QUALITY CONTROL BOARD. THE REPRESENTATIVE OF EPA PRESENTED A COPY OF GUIDANCE ON IMPLEMENTATION OF THE MINIMUM TECHNOLOGICAL REQUIREMENTS OF HSWA OF 1984, RESPECT- ING LINERS AND LEACHATE COLLECTION SYSTEMS, REAUTHORIZATION STATUTORY INTERPRETATION # 5D (EXHIBIT 1, ATTACHED) TO HOWARD CULVER, IT REPRESENTATIVE. AT NO TIME SUBSEQUENTTO THE MEETING DID IT RESPOND TO THE EPA CONCERNS ABOUT REUSE OF THE UNITS. 4. PAST HISTORY OF NON-COMPLIANCE SUGGESTS THAT ADMINIS- TRATIVE APPEALS WILL BE EXHAUSTED BEFORE THE DEFENDANT INITIATES CORRECTIVE ACTION. THE RELIEF SOUGHT IS TO REQUIRE IT TO REMOVE LIQUIDS FROM THE SURFACE IMPOUNDMENTS AND RETROFIT THE IMPOUNDMENTS AS INDICATED IN THE MINIMUM TECHNOLOGY REQUIREMENT GUIDANCE FOR SURFACE IMPOUNDMENTS. THE DEFENDANT SHOULD BE ENJOINED FROM ACCEPTING ANY NEW RECEIPTS OF WASTES FOR TREATMENT, STORAGE AND DISPOSAL IN SURFACE IMPOUNDMENTS AT THE BAKER FACILITY UNTIL THE WASTE IS REMOVED FROM SURFACE IMPOUND- MENTS D-1, D-2, D-3 AND E, AND THE DEFENDANT DEMONSTRATES THAT CAPACITY IS AVAILABLE FOR NEW RECEIPTS. EXPEDITED FILING IS ESSENTIAL BECAUSE OF THE THREAT OF RELEASE OF HAZARDOUS WASTES INTO THE ENVIRONMENT FROM THE FACILITY. WITH THE REUSE OF SURFACE IMPOUNDMENTS D-1, D-2, D-3, AND E, THE ACCELERATION OF THIS RELEASE IS GUARANTEED. UNLESS THERE IS IMMEDIATE ACTION, THE FACILITY WILL REAP SUBSTANTIAL FINANCIAL REWARDS THROUGH NON-COMPLIANCE WITH THE HSWA REQUIREMENTS BY CONTINUING

Defendants (1)

• IT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• IT CORP BAKER FAC

  E END OF ARTHUR RD, MARTINEZ, CA, 94553

  Registry ID: 110008263342

Statutes cited

• RCRA 3015 — Res Conserv & Rec Act

Enforcement conclusions (1)

• IT CORPORATIONentered 1988-06-30

  Primary law: RCRA

  Federal penalty: $260,000

Timeline (7 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-10Referred To Dept Of Justice
• 1987-04-06Referred TO U.S. Attorney
• 1987-05-01Complaint Filed With Court
• 1988-06-30Final Order Lodged
• 1988-06-30Final Order Entered
• 1988-06-30Concluded