EPA v. HAWAII WESTERN STEEL, LIMITED INC.

Case summary

HAWAII WESTERN STEEL, LIMITED, INC. ( HWS ) OPERATES A SECONDARY STEEL PRODUCTION PLANT. IN OPERATING THE PLANT, HWS GENERATES BAGHOUSE DUST, A RESOURCE CONVERSATION AND RECOVERY ACT HAZARDOUS WASTE. SEVERAL INSPECTIONS BY HAWAII DEPARTMENT OF HEALTH ( HDOH ) AND EPA REVEALED PILES OF BAGHOUSE DUST ON THE SOIL AT THE PLANT AND BAGS OF BAGHOUSE DUST STORED IN THE PLANT FOR GREATER THAN 90 DAYS. TESTS OF SOIL AT THE PLANT HAVE REVEALED CONCENTRATIONS OF LEAD AND CADMIUM, WHICH ARE CONTAINED IN THE BAGHOUSE DUST, EXCEEDING THE MINIMUM LEVELS FOR RCRA CHARACTERISTIC WASTES. THE PLANT IS NOT PERMITTED AS A RCRA TREATMENT, STORAGE OR DISPOSAL FACILITY. HWS BURNS SOME OF THE BAGHOUSE DUST IN THE ELECTRIC ARC FURNACE AT THE PLANT. THE AGENCY PROPOSES TO CHARGE HWS WITH VIOLATING RCRA'S PERMITTING REQUIREMENTS AND REGULATIONS REGARDING STORAGE AND TREATMENT OF HAZARDOUS WASTE. THE AGENCY ALSO PROPOSES TO CHARGE THE ESTATE OF JAMES CAMPBELL, WHICH OWNS THE LAND AT THE PLANT, WITH VIOLATING RCRA'S PERMITTING REQUIREMENTS. BEGINNING 1974 OR EARLIER, HWS DISPOSED OF HAZARDOUS WASTE AT A LANDFILL NEAR THE PLANT OWNED BY THE ESTATE. THE LANDFILL IS NOT PERMITTED UNDER RCRA AS A DISPOSAL FACILITY. THE AGENCY PROPOSES TO CHARGE HWS AND THE ESTATE WITH VIOLATING RCRA'S PERMITTING REQUIREMENTS AT THE LANDFILL AND TO SEEK CLOSURE OF THE LANDFILL UNDER 40 C.F.R. PART 265. IN ADDITION, THE PLACEMENT OF THE WASTE ONTO THE SOIL AT THE PLANT CONSTITUTES RELEASES UNDER RCRA 3008(H), AND THE AGENCY WILL SEEK CORRECTIVE ACTION UNDER SUCH RELEASES. REGION 9, EPA HQ AND DOJ ENVIRONMENTAL CRIMES ARE INVESTIGATING WHETHER TO BRING CRIMINAL CHARGES FOR SEVERAL VIOLATIONS OF RCRA, AND POSSIBLY OTHER STATUTES, AGAINST HWS AND/OR IT EMPLOYEES. EPA HQ HAS AUTHORIZED PARALLEL CIVIL AND CRIMINAL ACTIONS. EPA REQUESTS THAT THE DEPARMENT OF JUSTICE FILE A CIVIL JUDICIAL ACTION PURSUANT TO RCRA 3008(A) AND (H) AGAINST HWS AND THE ESTATE. THE COMPLAINT SHOULD SEEK INJUNCTIVE RELIEF REQUIRING THE DEFENDANTS TO REMOVE WASTE STORED AT THE PLANT, MANAGE PLANT WASTE PROPERLY, IMPLEMENT INTERIM MEASURES TO PREVENT FURTHER RELEASES AT THE PLANT, AND CONDUCT A RCRA PLANT INVESTIGATION AND IMPLEMENT CORRECTIVE MEASURES AT THE PLANT. IN ADDITION, THE COMPLAINT SHOULD REQUIRE DEFENDANTS TO PAY PENALTIES FOR VIOLATIONS AT THE LANDFILL AND SUBMIT A CLOSURE PLAN AND COST ESTIMATES FOR AND INSTALL A FENCE SURROUNDING THE LANDFILL. FINALLY, THE COMPLAINT SHOULD SEEK CIVIL PENALTIES FOR VIOLATIONS AT THE PLANT, BUT A STAY OF THESE CLAIMS SHOULD BE SOUGHT PENDING RESOLUTION OF THE CRIMINAL ACTION. AN ADMINISTRATIVE ACTION BY REGION 9 AGAINST HWS AND THE ESTATE FOR RCRA VIOLATIONS AT THE LANDFILL HAS BEEN PENDING SINCE 1987. IN ADDITION, IT MAY BE NECESSARY TO SEEK TO ENFORCE AN ADMINISTRATIVE ORDER REGION 9 MAY ISSUE UNDER SECTION 106 OF THE CERCLA, 42 U.S.C. 9606, AND TO SEEK RELATED COST RECOVERY UNDER SECTION 107 OF CERCLA, 42 U.S.C. 9607.

Defendants (4)

• CAMPBELL, JAMES, ESTATE OFNamed in complaintNamed in settlement
• COMINCO LTDNamed in settlement
• HAWAII WESTERN STEEL LIMITED, INC.Named in complaintNamed in settlement
• IPSCO INC.

Facilities (1)

• HAWAIIAN WESTERN STEEL LIMITED

  91 150 HANUA ST, EWA BEACH, HI, 96706

  Registry ID: 110000858046

Statutes cited

• CERCLA 107 — Superfund
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (2)

• HAWAIIAN WESTERN STEELentered 1994-08-02

  Primary law: RCRA

  Federal penalty: $700,000

• COMINCOentered 1997-09-12

  Primary law: RCRA

  Federal penalty: $425,000

Timeline (5 milestones)

• 1990-06-01Enforcement Action Data Entered
• 1991-11-21Referred To Dept Of Justice
• 1992-09-09Complaint Filed With Court
• 1997-09-12Final Order Lodged
• 1997-09-12Final Order Entered