EPA v. TRW VSSI INCORPORATED

Case summary

THIS IS A REFERRAL TO DOJ ASKING THAT A COMPLAINT BE FILED AGAINST THE TRW VSSI COMPANY FOR VIOLATIONS OF RCRA. THE PRIMARY FACILITY THAT IS THE SUBJECT OF THE REFERRAL IS TRW VSSI'S MESA II AIRBAG MANUFACTURING PLANT. THERE ARE EIGHT COUNTS FOR VIOLATIONS AT THIS FACILITY. THE PRINCIPAL VIOLATIONS ARE STORAGE IN TANKS AND SURFACE IMPOUNDMENTS WITHOUT A PERMIT, FAILURE TO COMPLY WITH STANDARDS FOR TANKS AND SURFACE IMPOUNDMENTS AND VIOLATION OF LAND DISPOSAL RESTRICTIONS. THE PROPOSED PENALTY FOR THESE VIOLATIONS IS $5,776,680. THERE IS NOT YET A FIRM FIGURE FOR THE INJUNCTIVE RELIEF, BUT IT IS LIKELY TO BE AT LEAST $1 MILLION TO $2 MILLION, SINCE IT INVOLVES INVESTIGATION AND REMEDIATION OF 24 TANKS & SURFACE IMPOUNDMENTS. THE SECOND MAJOR FACILITY THAT IS COVERED BY THE REFERRAL IS WASTE MANAGEMENT BUTTERFIELD STATION WHERE TRW DISPOSED OF WASTE UNLAWFULLY. HERE THE TWO PRINCIPAL COUNTS ARE LAND DISPOSAL AND VIOLATIONS OF TREATMENT STANDARDS UNDER THE LAND DISPOSAL RESTRICTIONS. THE PROPOSED PENALTY FOR BUTTERFIELD TOTALS $1,019,756. THE PRINCIPAL INJUNCTIVE RELIEF WILL BE REMEDIATION OF UNLAWFULLY DISPOSED WASTE. TRW HAS ESTIMATED THAT IT WOULD COST $16 MILLION TO REMOVE THE WASTE. IT IS LIKELY THAT THE ACTUAL INJUNCTIVE RELIEF TO BE AGREED UPON WILL INVOLVE SOME ON-SITE REMEDIATION OPTION THAT WOULD COST CONSIDERABLY LESS, BUT COULD EASILY BE IN EXCESS OF $2 MILLION TO $3 MILLION. ADDITIONAL VIOLATIONS RELATE TO TRW'S IMPROPER WASTE IDENTIFICATION, MANIFESTING AND THE LIKE FOR SHIPMENTS FROM THE MESA II FACILITY TO TWO OTHER FACILITIES. THE PROPOSED PENALTY FOR THESE VIOLATIONS IS AN ADDITIONAL $1,318,900. ABOUT ONE FIFTH OF THIS PENALTY AMOUNT IS FOR SHIPMENTS TO A WASTE DISPOSAL FACILITY IN KETTLEMAN CITY, CALIFORNIA AND FOUR FIFTHS FOR SHIPMENTS TO A FACILITY IN UTAH KNOWN AS U.S. POLLUTION CONTROL, INC.

Defendants (1)

• TRW VSSI INC.Named in complaintNamed in settlement

Facilities (2)

• TRW VEHICLE SAFETY SYSTEMS MESA II FACILITY

  11202 EAST GERMANN ROAD, QUEEN CREEK, AZ, 852429361

  Registry ID: 110038174864

• WASTE MANAGEMENT BUTTERFIELD STN REG FAC

  40404 S 99TH AVE, MOBILE, AZ, 85239

  Registry ID: 110009525512

Statutes cited

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

Enforcement conclusions (1)

• TRW VSSI INCORPORATEDentered 2001-03-07

  Primary law: RCRA

  Federal penalty: $5,670,000 · SEP: $5,730,000

Timeline (7 milestones)

• 1999-08-05Referred To Headquarters
• 1999-08-05Referred To Dept Of Justice
• 1999-10-12Enforcement Action Data Entered
• 2001-01-18Final Order Lodged
• 2001-01-18Complaint Filed With Court
• 2001-03-07Final Order Entered
• 2001-03-07Concluded