Region 5 files a Consent Agreement
and Final Order to commence and conclude case against Viking Paints.
Inc., Richfield, Minnesota. On September 30, 2004, Region
5 filed a Consent Agreement and Final Order (CAFO) simultaneously
commencing and concluding an administrative penalty action against
Viking Paints, Inc., for violations of the National Volatile Organic
Compound (VOC) Emissions Standards for Architectural Coatings,
40
CFR Part 59, Subpart D. Volatile organic compounds are contaminants
that evaporate into the air easily. The CAFO requires Viking Paints
to pay a penalty of $39,035 plus interest in three installments.
On
March 29, 2004, Region 5 issued a Finding of Violation (FOV) to
Viking Paint for allegedly improperly labeling containers of architectural
coatings and exceeding the VOC content limits for certain coatings.
In response to the FOV, Viking Paints updated its labels to contain
the required information and has eliminated the sale of one of
its
products so as to remain below the tonnage exemption such that
they do not have to meet the VOC content requirements. These efforts
remedied
the violations. As a result of Viking Paints’ cooperation,
good faith, and other factors as justice may require, Region 5
determined
that it was appropriate and consistent with the penalty policy
to mitigate its planned proposed penalty of $62,456 to a settlement
penalty
of $39,035. Region 5 agreed to installment payments with interest
after our financial analyst concluded Viking Paint has the ability
to pay this settlement penalty, but its financial statements indicate
a poor recent financial performance and cash flow.
Contact: Mony Chabria, 312-886-6842.
Region 5 files a combined Administrative
Complaint and Consent Agreement with Steven Veh, d/b/a/ Terrace
Court Apartments. On March 24, 2004, Region 5 issued
a Notice of Intent to file a civil administrative complaint against
Steven Veh, Terrace Court Apartments, Kenosha, Wisconsin. On
November 19, 2004, Region 5 simultaneously filed an administrative
complaint and Consent Agreement and Final Order (CAFO) resolving
violations of 40 C.F.R. Part 745, Subpart F, the Lead Paint Disclosure
Rule, and Section 409 of TSCA This settlement will promote greater
awareness of the Lead Paint Disclosure Rule for those selling
or leasing residential property constructed prior to 1978. Terrace
Court Apartments will pay a penalty of $3,000.
Contact Joanna Glowacki, Associate Regional Counsel, primary contact 312-353-3757,
or Terence Bonace, Life Scientist, additional contact 312-886-3387
Information Charges Electroplater With
Illegal Storage of Hazardous Waste and Its Owner With False Certification. Hard Chrome, Inc., owned a plating shop at 2631 2nd St. NE,
in Minneapolis, Minnesota. Richard Walters was an owner of and the
general manager for the Hard Chrome facility. On December 22, 2004,
the Office of the United States Attorney for the District of Minnesota
electronically filed an information in the District of Minnesota charging
(a) Hard Chrome with illegally storing hazardous waste, in knowing
violation of 42 U.S.C. § 6928(d)(2)(A); and (b) Richard Walters
with knowingly making and delivering a false writing.
Specifically, the Hard Chrome facility performed plating operations
over plank flooring, with gaps of several inches between the boards.
Between July and October 1999, Hard Chrome operated its facility
such that hazardous industrial wastes including liquids from plating
tanks; tank bottom sludges; and wastewater treatment sludges, containing
caustics, acids, zinc, nickel, chromium, cyanide and other heavy
metals, ended up in open lagoons in the facility’s basement.
Hard Chrome at no time had a RCRA permit to store these hazardous
wastes. On or about October 16, 2000, Richard Walters knowingly
made and delivered a false writing related to the facility’s
operations. The charges in the information are allegations only
and the defendants are presumed innocent until proven guilty.
Primary contact: Kris Vezner, Criminal Enforcement Counsel, (312)
886-6827.
Company Executives and
Company Plead Guilty to Clean Water Act Violations; United States
v. John J. Buschur, Theresa A. Buschur, and Western Ohio Metal Finishers.
On January 13, 2005, John J. Buschur, Theresa A. Buschur,
and Western Ohio Metal Finishers (WOMF) plead guilty to illegally
discharging industrial wastewater into the Village of Minster sewer
system and lying to authorities about the discharge. John J. Buschur
was the President and Theresa A. Buschur was Vice-President of WOMF,
an Ohio corporation, which was a metal plating operation located
in the Village of Minster, Ohio. As a part of the metal plating
process zinc, a heavy metal, is used. As a result, the wastewaters
generated by WOMF contained zinc.
The indictment charged that the defendants knowingly discharged
partially treated industrial wastewater and sludge containing zinc
into the Village of Minster’s sewer system. In addition the
indictment also charged that the defendants falsely stated to the
Ohio Environmental Protection Agency that WOMF was not discharging
industrial wastewater into the sewer system.
This case was investigated, in a joint investigation, by the Ohio
Bureau of Criminal Identification and Investigation, the Ohio Environmental
Protection Agency, and U.S. EPA CID, all members of the Northwest
Ohio Environmental Crimes Task Force.
Contact: Brad Beeson, Criminal Enforcement Counsel (440) 250-1761
Electroplater and Its Owner Plead
Guilty to Illegal Storage of Hazardous Waste and False Certification.
Hard Chrome, Inc., owned a plating shop at 2631 2nd St. NE, in
Minneapolis,
Minnesota. Richard Walters was an owner of and the general manager
for the Hard Chrome facility. On January 6, 2005, Hard Chrome and
Walters appeared in the District of Minnesota and pled guilty to
a December 22, 2004, information charging (a) Hard Chrome with
illegally
storing hazardous waste, in knowing violation of 42 U.S.C. §
6928(d)(2)(A); and (b) Richard Walters with knowingly making and
delivering a false writing, violating 18 U.S.C. § 1018.
Specifically, the Hard Chrome facility performed plating operations
over plank flooring, with gaps of several inches between the boards.
Between July and October 1999, Hard Chrome operated its facility
such that hazardous industrial wastes including liquids from plating
tanks; tank bottom sludges; and wastewater treatment sludges, containing
caustics, acids, zinc, nickel, chromium, cyanide and other heavy
metals, ended up in open lagoons in the facility’s basement.
Hard Chrome at no time had a RCRA permit to store these hazardous
wastes. On or about October 16, 2000, Richard Walters knowingly
made and delivered a false writing related to the facility’s
operations. As part of its plea, Hard Chrome will:
implement an effective
program to prevent and detect violations of law;
pay a criminal
fine of $250,000;
pay restitution
of $22,800 to the Hennepin County Department of Environmental Services,
for the County’s
costs in responding to Hard Chrome’s crime;
pay $10,000 to
the Midwest Environmental Enforcement Association, to sponsor a
regulator training
program;
pay $20,000 to
the Hennepin County Department of Environmental Services, to assist
in assessing industrial
sanitary sewers; and
pay the Minneapolis
Fire Department $47,200, to buy hazardous response equipment. Contact: Kris Vezner, Criminal Enforcement Counsel 312-886-6827
Plant Manager Pleads Guilty to Clean Water Act Violation;
United States v. Paul Vinje. On November 30, 2004, Paul
Vinje pled guilty to illegally discharging low-pH wastewater into
the City of Piqua sewer system. Mr. Vinje was the Plant Manager of
Stripco, Inc. (Stripco). Stripco was engaged in the business of metal
stripping and fabricating. The low-pH wastewater generated from these
operations is treated and discharged to the Piqua sewer system. The
information, filed November 16, 2004, charged that on or about February
11, 2002, Mr. Vinje negligently discharged or caused the discharge
of wastewater, with a pH below 5.5, into the City of Piqua sewer
system. The City of Piqua requires that all discharges to the sewer
system must have a pH between 5.5 and 11. This case was investigated,
in a joint investigation, by the Ohio Bureau of Criminal Identification
and Investigation, the Ohio Environmental Protection Agency, the
City of Piqua Division of Wastewater, and U.S. EPA CID, all members
of the Dayton Environmental Crimes Task Force.
Primary contact, Brad Beeson, Criminal Enforcement Counsel (440) 250-1761.
Former State Inspector and Contractor Indicted for
Lying. On December 14, 2004, a federal grand jury handed up
charges against Bi State Pipe Co., Inc., of Mt. Carmel, IL, Carl F.
Hanisch, of Mt. Carmel, IL, and Donald G. Veatch, of Francisco, IN,
alleging that all three defendants made false statements concerning
a well plugging operation. According to the charges filed, in 1999
a number of inactive wells in Vandenburgh County, IN, were leaking
oil, and had contaminated a pond and a tributary of the Ohio River.
Consequently, the Bi State Pipe Co., Inc., was sub-contracted to plug
approximately 51 of the leaking wells. Carl F. Hanisch was a co-owner
of Bi State Pipe Co., Inc. At the time of the alleged illegal conduct,
Donald G. Veatch was an inspector for the Indiana Department of Natural
Resources’ Division of Oil and Gas and was assigned to oversee
the plugging of oil and injection wells. According to the Indictment,
Hanisch and Veatch falsely certified that cast iron bridge plugs had
been installed in 21 of the wells. A cast iron bridge plug is a mechanical
device designed to prevent oil from flowing upwards through a well
and contaminating a freshwater zone. On the forms, Hanisch and Veatch
each certified that the information included on the form was “correct
and accurate to the best of my knowledge.” The forms were subsequently
submitted to the Indiana Department of Natural Resources.
The Indiana Department of Environmental Management paid for the
well remediation activities using its Hazardous Waste Site Cleanup
Fund and was later reimbursed from the federal Oil Spill Liability
Trust Fund. The Indiana Department of Environmental Management
was billed a total of $269,949.85 for the clean-up project, which
was then reimbursed by the federal fund.
If convicted, Hanisch and Veatch face punishment of up to 5 years
imprisonment on each of the 21 counts in the indictment, as well
as a fine of up to $250,000. If convicted, the Bi State Pipe Co.,
Inc. faces a fine of up to $500,000 on each count. The public is
reminded that an indictment is only accusation, and that all defendants
are entitled to a fair trial at which proof beyond a reasonable
doubt must be shown.
The case was investigated by EPA CID Special Agent Jeff Denny,
with contributions from the members of the Indiana Interagency
Environmental Crimes Task Force. The case is being prosecuted by
Assistant United States Attorney Steven D. DeBrota and RCEC David
M. Taliaferro, who has been appointed as a Special Assistant United
States Attorney.
Primary Contact: David M. Taliaferro, Regional Criminal Enforcement Counsel
(312) 886-0815.
On December
8, 2004 Region 5 filed a Consent Agreement and Final Order
to commence and conclude case against Warren Steel Holdings,
LLC. On June 17, 2004, EPA sent a pre-filing notice
letter to the Warren Steel Holdings, LLC (Warren) for its improper
disposal of polychlorinated biphenyls (PCBs). On December 8,
2004, Region 5 filed a Consent Agreement and Final Order (CAFO)
simultaneously commencing and concluding an administrative
penalty action against Warren for violations of the requirements
for disposal of PCBs, under the Toxic Substances Control Act,
(TSCA), 15 U.S.C. § 2614 and the regulations promulgated
under the Act, 40 C.F.R. 761.60. The CAFO requires Warren to
pay a penalty of $11,291.
Warren also completed a Supplemental Environmental Project (SEP)
costing $8,202 that resulted in the removal and disposal of five
PCB transformers. The SEP will prevent future occurrence of a spill
of PCBs. The proposed penalty in this matter was $16,500. In
light of the commitment to perform the SEP, Region 5 determined
that it was appropriate and consistent with EPA's SEP policy to
mitigate the settlement penalty to $11,291.
Primary contact Michael Berman, Associate Regional Counsel (312)
886-6837.
On Jan. 31, 2005, Region 5 filed a Consent
Agreement and Final Order to commence and conclude its case against
the City of Warren, Michigan. On Jan 31, 2005, Region
5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing
and concluding an administrative penalty action against the city of
Warren, Michigan for violations of the reporting requirements of the
Comprehensive Environmental, Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. § 9603, and the Emergency Planning and
Community Right to Know Act of 1985 (EPCRA), 42 U.S.C. §11004.
The CAFO requires the city of Warren to pay a penalty of $8,766 and
complete a Supplemental Environmental Project (SEP) costing $27,900.
The city of Warren’s SEP involves the installation of a chlorine
safety system, consisting of an automatic valve closure system for
two, one-ton chlorine containers in use at the city’s Waste Water
Treatment Plant (WWTP). It also involves keeping a third automatic
valve closure system as a back-up. On April 28, 2004, EPA sent a pre-filing
notice letter to the city of Warren for not timely reporting a chlorine
leak to the National Response Center and the State Emergency Response
Commission (SERC). The SEP will help the city of Warren limit the future
release of chlorine from its WWTP’s tanks. The city is also modifying
its notification procedures so that in the future, if there is a release
of a reportable quantity of hazardous substances, the notifications
will be made in a timely manner. The proposed penalty in this matter
was $35,064.20. Region 5 deemed it appropriate and consistent with
the SEP policy to mitigate the settlement penalty to $8766, in light
of the City of Warren’s commitment to perform the SEP.
Contact Michael Berman, Office of Regional Counsel, 312-886-6837
Plant Manager Sentenced for Clean Water Act Violation;
United States v. Paul Vinje.
On April 6, 2005, Paul Vinje was sentenced for illegally discharging
low-pH wastewater into the City of Piqua, Ohio sewer system. Mr.
Vinje was sentenced to six months of probation. Mr. Vinje was the
Plant Manager of Stripco, Inc. (“Stripco”). Stripco
was engaged in the business of metal stripping and fabricating.
The low-pH wastewater generated from these operations is treated
and discharged to the Piqua sewer system. Previously, Mr. Vinje
pled guilty to negligently discharging or causing the discharge
of wastewater, with a pH below 5.5, into the City of Piqua sewer
system. The City of Piqua requires that all discharges to the sewer
system must have a pH between 5.5 and 11.
This case was investigated, in a joint investigation, by the Ohio
Bureau of Criminal Identification and Investigation, the Ohio Environmental
Protection Agency, the City of Piqua Division of Wastewater, and
U.S. EPA CID, all members of the Dayton Environmental Crimes Task
Force. Primary Contact: Brad Beeson at (440) 250-1761.
Region 5 Signs Consent Agreement
and Final Order with Whitehouse Grain, Inc., Region 5 initiated
this enforcement action in September of 2004. On April
4, 2005, the Region signed a consent agreement and final order
(CAFO) with Whitehouse Grain, Inc., of Whitehouse, Ohio, to settle
violations of Section 7(c)(1) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The
alleged violations arose out of Whitehouse Grain’s failure
to file Annual Pesticide Production Reports for 2003. FIFRA Section
7(a), 7 U.S.C. § 136e(a), prohibits the production of any
pesticide unless the establishment in which it is produced is
registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85
require companies registered with EPA to produce pesticides to
notify the Agency annually of the types and amounts of pesticides
the company produced during the reporting year. Federal regulations
at 40 C.F.R. § 167.85(d) require registered companies to
complete the form even if they produced no pesticides during
the reporting year. Whitehouse Grain did not produce pesticides
in 2003, and is no longer producing pesticides. As part of the
settlement, Whitehouse Grain has agreed to give up its EPA establishment
number and pay a reduced civil penalty of $550.
Contact: Robert S. Guenther, primary contact 312-886-0566; Holly McDonald, additional
contact 312-886-6012
U.S. Ceramic Tile Co. Agrees
To Pay a $1,270,000 Civil Penalty and Implement Facility-wide
Corrective Action. On April 5, 2005, Judge Gwin entered
a consent decree resolving the United States’ allegations
that the defendant had violated a 1988 federal consent decree
by failing to comply with approved closure plan requirements
and by failing to use best efforts to obtain financial assurance
and liability coverage. The United States also sought corrective
action at the facility pursuant to section 3008(h) of RCRA. The
defendant’s former lagoon and waste piles at its East Sparta,
Ohio facility were contaminated by toxic levels of barium, cadmium
and lead. The consent decree requires the defendant to implement
a facility-wide corrective action program, including interim
measures, a RCRA facility investigation, a corrective measures
study and implementation of the selected corrective measures.
The defendant also agreed to pay a $1,270,000 civil penalty for
the alleged violations. U.S. Ceramic or its predecessors have
manufactured ceramic tile at this facility since at least 1923.
Contact: Stuart P. Hersh, primary contact, 312-886-6235; Kenneth
Bardo, additional contact, 312-886-7566
Court Enters First Amendment to the West
KL Avenue Landfill Superfund Site Consent Decree. On April
15, 2005, Judge Richard Alan Enslen, entered the First Amendment
to the Consent Decree, to implement the February 27, 2003 Record
of Decision Amendment modifying the remedy for the West KL Avenue
Landfill Superfund Site. The Site is located in Oshtemo Township,
Kalamazoo County, Michigan. This First Amendment to the Consent
Decree resolves claims against 219 third-party defendants and the
performing defendants: Pharmacia Corporation (the successor to
the Upjohn Company); Kalamazoo County, Michigan; the Charter Township
of Oshtemo, Michigan, and; the City of Kalamazoo, Michigan. This
ROD amendment requires the performing settling defendants to extend
municipal water service to residents affected by groundwater contamination
in the vicinity of the landfill, revises the groundwater cleanup
standards consistent with the 1994 State of Michigan revised standards,
and imposes additional institutional controls to prevent well water
contamination, such as the closing of affected wells. The 87 acre
site operated as a landfill from the early 1960s until 1979. During
its operations, the site accepted a variety of commercial, industrial
and municipal refuse, including drummed chemical waste.
Contact: Stuart P. Hersh, primary contact, 312-886-6235; Timothy Prendiville,
additional contact, 312-886-5122
Region 5 Files a Combined Complaint and Consent
Agreement with United Phosphorous, Inc. - Region 5 initiated prefiling
discussions on this matter in March, 2005. The proposed penalty was $6,500. On
May 5, 2005 Region 5 filed a combined complaint and consent agreement with United
Phosphorous, Inc. to settle violations of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. § 136j(a)(1)(E)
and 40 C.F.R. §156.10(a). Specifically, United Phosphorous, Inc. distributed
or sold a pesticide product that was misbranded because the label on the product
did not correspond with the most recent U.S. EPA “Accepted” label
for the pesticide product. United Phosphorous, Inc. has agreed to pay a civil
penalty of $6,500.
Contact: Nidhi O’Meara, primary contact 312/886-0568; Joseph Lukascyk,
additional contact 312/886-6233.
Region 5 signs Consent Agreement
and Final Order with Youngstown Thermal, LLC
Region 5 filed an Administrative Complaint under Section 113(d) of the Clean
Air Act against Youngstown Thermal, LLC, of Youngstown, Ohio, on September 27,
2004. In the Complaint, Region 5 alleged that Youngstown violated the Ohio State
Implementation Plan and their Title V Permit. The Complaint sought a $25,000
penalty for these violations. The CAFO, signed by the Acting Regional Administrator
on April 26, 2005, resolves these violations by requiring Youngstown Thermal
to pay a penalty of $1,000 and complete a SEP. The SEP requires Youngstown to
improve the sidestream baghouse system on Boiler #4. The cost of the baghouse
improvement is $25,209. It is estimated that this pollution prevention SEP will
reduce particulate matter by 15 tpy.
Primary Contact: Susan Prout, Office of Regional Counsel, (312) 353-1029.
Pesticide Applicator Charged with Overspray.
On April 26, 2005, Wabash Valley Service Co., Glen S. Kinder and Noah David Horton
were charged with applying a pesticide in a manner inconsistent with its labeling
in violation of FIFRA. According to the filed charges, in May 2000 the defendants,
each of whom was a commercial applicator of pesticides, applied Aatrax 4L and
Bicep II Magnum to a field in Hamilton County Illinois during a time when the
wind speed was approximately 20 m.p.h., contrary to labelling instructions. If
convicted on the charge, the individual defendants face up to one year of imprisonment
and a fine of up to $100,000. The corporation may be fined up to $200,000 if
convicted. The filing of charges is only an accusation; all defendants are entitled
to a fair trial.
Primary Contact: David M. Taliaferro, Criminal Enforcement Counsel, (312) 886-0815.
Company Executives and Company
Sentenced for Clean Water Act Violations; United States v. John
J. Buschur, Theresa A. Buschur, and Western Ohio Metal Finishers.
On May 16, 2005, John J. Buschur, Theresa A. Buschur, and Western
Ohio Metal Finishers (“WOMF”) were sentenced for
illegally discharging industrial wastewater into the Village
of Minster sewer system and lying to authorities about the discharge.
Mr. Buschur and Ms. Buschur were both sentenced to two years
of probation. WOMF, as well as Mr. Buschur and Ms. Buschur, were
ordered to pay $4,229.25 in restitution, jointly and severally.
Mr. Buschur was the President and Ms. Buschur was Vice-President
of WOMF, an Ohio corporation, which was a metal plating operation
located in the Village of Minster, Ohio. As a part of the metal
plating process zinc, a heavy metal, is used. As a result, the
wastewaters generated by WOMF contained zinc.
The indictment charged that the defendants knowingly discharged
partially treated industrial wastewater and sludge containing zinc
into the Village of Minster’s sewer system. In addition the
indictment also charged that the defendants falsely stated to the
Ohio Environmental Protection Agency that WOMF was not discharging
industrial wastewater into the sewer system.
This case was investigated, in a joint investigation, by the Ohio
Bureau of Criminal Identification and Investigation, the Ohio Environmental
Protection Agency, and U.S. EPA CID, all members of the Northwest
Ohio Environmental Crimes Task Force.
Primary Contact: Brad Beeson, Criminal Enforcement Counsel, (440) 250-1761.
Region 5 files a Consent Agreement
and Final Order to settle case against W.W. Grainger, Inc., Lake
Forest, Illinois. On May 18, 2005, Region 5 filed a
Consent Agreement and Final Order (CAFO) resolving an administrative
penalty action against W.W. Grainger, Inc., for violations of
the Ban on Nonessential Products Containing Class I Substances
and Ban on Nonessential Products Containing or Manufactured with
Class II Substances, 40 C.F.R. Part 82, Subpart C (Nonessential
Product Ban). The CAFO requires Grainger to pay a penalty of
$177,156. On September 28, 2004, Region 5 issued an Administrative
Complaint for the alleged violations of four different requirements
of the Nonessential Product Ban, including selling or distributing
a nonessential product and selling products to non-commercial
purchasers. In the complaint, Region 5 sought a penalty of $368,547.
During the settlement negotiations in this matter, Grainger provided
information which caused EPA to reconsider its position on the
economic benefit of noncompliance. Grainger has also demonstrated
that it currently is in compliance with the requirements of the
Nonessential Product Ban. As a result of the information and
Grainger’s cooperation and good faith efforts to comply,
Region 5 determined that it was appropriate and consistent with
the penalty policy to mitigate its proposed penalty of $368,547
to a settlement penalty of $177,156.
Contact: Mony Chabria, 312-886-6842.
Electroplater
and Its Owner Sentenced for Illegal Storage of Hazardous Waste
and False Certification. Hard Chrome, Inc., owned a plating
shop at 2631 2nd St. NE, in Minneapolis, Minnesota. Richard Walters
was an owner of and the general manager for the Hard Chrome facility.
On January 6, 2005, Hard Chrome and Walters appeared in the District
of Minnesota and pled guilty to a December 22, 2004, information
charging (a) Hard Chrome with illegally storing hazardous waste,
in knowing violation of 42 U.S.C. § 6928(d)(2)(A); and (b)
Richard Walters with knowingly making and delivering a false writing,
violating 18 U.S.C. § 1018. On June 6, 2005, the District
of Minnesota sentenced Hard Chrome to two years of probation and
to pay: a criminal fine of $250,000; restitution of $22,800 to
the Hennepin County Department of Environmental Services, for the
County’s costs in responding to Hard Chrome’s crime;
$10,000 to the Midwest Environmental Enforcement Association (MEEA),
to sponsor a regulator training program; $20,000 to the Hennepin
County Department of Environmental Services, to assist in assessing
industrial sanitary sewers; $47,200 to the Minneapolis Fire Department,
to buy hazardous response equipment; and a special assessment of
$400. On the same date, the District of Minnesota sentenced Walters
to two years of probation and to pay: a criminal fine of $5,000;
$5,000 to the Federal Transportation Administration; $10,000 to
MEEA; $20,000 to the Middle Mississippi Water District; and a special
assessment of $25.
The Hard Chrome facility performed plating operations over plank
flooring, with gaps of several inches between the boards. Between
July and October 1999, Hard Chrome operated its facility such that
hazardous industrial wastes including liquids from plating tanks;
tank bottom sludges; and wastewater treatment sludges, containing
caustics, acids, zinc, nickel, chromium, cyanide and other heavy
metals, ended up in open lagoons in the facility’s basement.
Hard Chrome at no time had a RCRA permit to store these hazardous
wastes. On or about October 16, 2000, Richard Walters knowingly
made and delivered a false writing related to the facility’s
operations.
Primary contact: Kris Vezner, (312) 886-6827.
Unilateral Administrative Order (Docket No. V-W-05-C-821)
Issued at the Former Zeller Corporation Superfund Site in Defiance, Ohio.
- The Former Zeller Corporation Superfund Site (“Site”) is an abandoned
manufacturing facility which once produced universal joints, drive shafts,
drive line components and spark plugs. U.S. EPA determined that the presence
of high levels of PCBs in transformers, oil spilled from transformers, oil
that has migrated off-site from the transformers, and various industrial wastes
abandoned at the Site pose a threat to human health and the environment. On
June 16, 2005, U.S. EPA issued an Action Memorandum setting forth required
response actions designed to abate the threats posed by the Site. The cleanup
work will include the excavation of approximately 1000 tons of PCB contaminated
soil and debris, disposal of approximately 300,000 gallons of PCB contaminated
water, disposal of several dozen PCB transformers and capacitors, disposal
of approximately 17 unknown containers, and disposal of several hundred laboratory
containers. The potentially responsible parties (“PRPs”) at the
Site declined an offer by U.S. EPA to enter into a voluntary cleanup agreement.
On June 21, 2005, a Unilateral Administrative Order (“UAO”), ordering
implementation of the necessary cleanup work, was issued to the PRPs. The PRPs
have expressed their willingness to comply with UAO.
Primary contact: Rich Murawski, Assistant Regional Counsel (312)
886-6721.
Michigan Plating Shop Supervisor
Pleads Guilty To Abandoning Chemicals. On September
8, 2005, James A. Vaandering, former supervisor at a Sealmore Corporation
facility located in Muskegon, Michigan, pleaded guilty to illegally
storing and disposing of hazardous waste. According to the Indictment
filed in the case, the Sealmore Corporation facility was condemned
in about November, 2000. The facility contained a number of chemicals
and liquids in vats used in the plating process, including acid
solutions containing hexavalent chromium and hydroflouric acid.
At sentencing, Vaandering faces a maximum punishment of imprisonment
for up to five years, and a fine of up to $250,000, or both.
Contact: David M. Taliaferro at (312) 886-0815
United States Files Complaint
Against United States Steel Corp. and Simultaneously Lodges Consent
Decree Resolving Violations of the Clean Air and Clean Water
Acts by the Former USS/KOBE Steel Co. in Lorain, Ohio On
September 21, 2005, the United States filed a complaint against
United States Steel Corp. and simultaneously lodged a consent
decree resolving violations of the Clean Air and Water Acts in
the United States District Court for the Northern District of
Ohio, Civil Action No. 1:05CV2220. The complaint alleges violations
by the former USS/KOBE Steel Company at the steel plant in Lorain,
Ohio which is currently owned and operated by U.S. Steel. The
violations alleged in the complaint include violations of the
Ohio State Implementation Plan governing the emission of fugitive
dust or particulate matter and violations of the National Pollutant
Discharge Elimination System (NPDES) permit. The State of Ohio
seeks to intervene in the action as a plaintiff.
U.S. Steel is a successor to certain liabilities of USS/KOBE including
liability for the violations alleged in the complaint. The consent
decree requires U.S. Steel: (i) to comply with particulate emission
limits in a permit issued by the Ohio Environmental Protection
Agency pursuant to Title V of the Clean Air Act, (ii) to perform
a stack test to verify compliance with applicable particulate emission
limits; (iii) to comply with effluent limits in the NPDES permit
applicable to the Lorain plant, (iv) to pay a civil penalty of
$100,025, divided evenly between the United States and the State
of Ohio, and (v) to perform a Supplemental Environmental Project
involving the removal from service and disposal of up to 13 transformers
containing polychlorinated biphenyls, at a cost not to exceed $294,500.
(Primary Contact: Christine Liszewski, 312/886-4670)
Region 5 issues Administrative Order,
under Section 308 and 309 of the CWA to the City of Wood River,
Illinois, in connection with combined sewer overflows (CSOs).
On September 29, 2005, Region 5 issued to the City of Wood River, Illinois, an
administrative compliance order, pursuant to CWA section 309, based on a joint
EPA-Illinois inspection of the City’s WWTP and the fact that, in recent
years, the City has had many CSO events. Because a number of requested records
were not available during the inspection, the administrative order also seeks
information pursuant to CWA section 308. It appears that the City is not complying
with all of the federal CSO nine minimum controls, including maximizing flow
to the WWTP and maximizing storage of wastewaters in order to prevent CSO events.
The administrative order not only directs the City to demonstrate its compliance
with, and/or come into compliance with, the nine minimum controls, but also directs
the City to prepare, and to submit to EPA, a long-term control plan within one
year. This is the first such CWA administrative compliance order to be issued
by Region 5.
Primary Contact: Jacqueline Miller, ORC, (312) 886-7167 and John Wiemhoff, Water
Division, (312) 353-8546.
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