United States Region 5 EPA 905-R-93-002
Environmental Protection , 7?.West Jackson Blvd. June 1993
Agency Chicago, Illinois 60604
Region 5
Enforcement
Accomplishments
Report
FY1992
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INTRODUCTION
U.S. Environmental Protection Agency's (U.S. EPA) Region 5 (comprising Illinois, Indiana,
Michigan, Minnesota, Ohio, and Wisconsin) is committed to identifying environmental
problems and solving them. During FY 92, dramatic improvements in the quality of the
environment were achieved through enforcement, the keystone of an effective environmental
protection program. Region 5 is also using enforcement tools to accomplish the goal of
cleaning up the Great Lakes.
A primary goal for Region 5 is to ensure that environmental laws are enforced firmly, fairly,
and vigorously. In order to achieve this objective, the Region works very closely with our
partners in the State agencies and U.S. Dept. of Justice (DOJ). A great deal of the credit for
our enforcement successes belongs to them.
U.S. EPA's enforcement program has traditionally emphasized injunctive relief and penalties
to resolve environmental disputes. This approach has been and continues to be very
effective. But the complex environmental problems of the 1990's often demand more
innovative and creative solutions. To that end, the Agency is exploring new strategies for
enforcement to obtain the maximum environmental benefit from each action taken.
For instance, rather than enforcing a violation affecting only one environmental medium
such as water or air U.S. EPA is applying the concept of "multi-media" enforcement in an
attempt to consolidate and streamline its efforts. Region 5 is better coordinating its
investigations, actions, and prosecutions under the several, separate environmental laws
governing air, water, and land pollution. And in focusing increasingly on distinct
geographic areas (such as Northwest Indiana/Southeast Cook Co., IL), Region 5 has made
great strides towards pollution abatement in severely degraded locations.
Additionally, Region 5 has pulled its own weight with strong participation in National
enforcement efforts targeting either a particular industry or a specific pollutant.
Furthermore, the Region is incorporating the Agency's "pollution prevention" philosophy
into its enforcement program. Many settlements now include what are known as
"supplemental environmental projects (SEP's)" to offset penalties.
In FY 92, Region 5 pressed enforcement through civil and administrative actions, stepped up
prosecution of environmental crimes, and achieved several firsts by using innovative
settlements and new authority under environmental laws. All told, through energetic
enforcement, Region 5:
* charged 19 defendants in eight separate criminal cases,
* referred 89 civil cases to DOJ for enforcement,
* entered 54 consent decrees in Federal Courts to resolve civil suits (totaling
$7,275,944 in assessed penalties),
* issued 241 administrative penalty complaints, and
* resolved 162 final administrative penalty orders (totaling $2,665,145 in assessed
penalties).
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Region 5 is making polluters comply, clean up, and pay for administrative and civil
violations. It is encouraging to see that judges have begun to sentence those found guilty of
environmental crimes to actual prison time.
I am proud that Region 5 has such a strong enforcement program. Through the years, the
Region has developed a reputation for environmental advocacy and tangible results.
Enforcement actions are important not only as a deterrent but because, in the end, they
represent measurable improvements to our environment. And strong enforcement assures the
large numbers of complying facilities that their environmental investments have been
worthwhile.
VALDAS V. ADAMKUS
REGIONAL ADMINISTRATOR
This Region 5 report supplements the "Enforcement Accomplishments Report FY92,"
prepared by U.S. EPA's Office of Enforcement and Compliance Monitoring in Washington,
DC. The following report summarizes Region 5's accomplishments in environmental
enforcement for FY 92.
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CONTENTS
ACRONYMS INDEX iv
THE POLLUTION PREVENTION PHILOSOPHY 1
THE MULTI-MEDIA APPROACH TO ENFORCEMENT 2
GEOGRAPHIC ENFORCEMENT INITIATIVES 4
REGION 5's ROLE IN NATIONAL ENFORCEMENT INITIATIVES 6
CRIMINAL ENFORCEMENT 11
CLEAN Am ACT 15
CLEAN WATER ACT 19
SAFE DRINKING WATER ACT 21
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT 23
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT 25
Toxic SUBSTANCES CONTROL ACT 26
RESOURCE CONSERVATION AND RECOVERY ACT 28
CERCLA (SUPERFUND) 32
APPENDIX A: ENFORCEMENT SUMMARY TABLES 36
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ACRONYMS INDEX
BOD
CAA
CACO
CAFO
CERCLA
CID
CWA
DOJ
EPA
EPCRA
FIFRA
GEI
GLB
NAAQS
NESHAP
NPDES
NPL
P2
PCB
PWS
PRP
RCRA
RD/RA
RFI
RI/FS
ROD
Biochemical Oxygen Demand
Clean Air Act
Consent Agreement and Consent Order
Consent Agreement and Final Order
Comprehensive Environmental Response, Compensation, and
Liability Act (Superfund)
Criminal Investigations Division
Clean Water Act
United States Department of Justice
Environmental Protection Agency
Emergency Planning and Community Right-to-Know Act
Federal Insecticide, Fungicide, and Rodenticide Act
Geographic Enforcement Initiative
Great Lakes Basin
National Ambient Air Quality Standards
National Emissions Standards for Hazardous Air Pollutants
National Pollutant Discharge Elimination System
National Priorities List
Pollution Prevention
Polychlorinated Biphenyls
Public Water Supply
Potentially Responsible Party
Resource Conservation and Recovery Act
Remedial Design/Remedial Action
RCRA Facility Investigation
Remedial Investigation/Feasibility Study
Record of Decision
IV
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SDWA - Safe Drinking Water Act
SEP - Supplemental Environmental Project
SIP - State Implementation Plan
TRI - Toxic Release Inventory
TSCA - Toxic Substances Control Act
UAO - Unilateral Administrative Order
UIC - Underground Injection Control
UST - Underground Storage Tank
VOC - Volatile Organic Compound
VOM - Volatile Organic Material
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THE POLLUTION PREVENTION PHILOSOPHY
After 20 years of regulating waste at the end of the manufacturing process, U.S. EPA is now
concentrating as well on the beginning of the waste streamthe pollution source. In October
1990, Congress passed the landmark Pollution Prevention Act declaring pollution prevention
(P2) to be a U.S. national policy. P2 refers to any technique that reduces or eliminates the
quantity and/or toxicity of waste. Recycling is not considered P2, but it is a preferred
method for minimizing wastes. The act prescribes this ranking of preference: prevent,
reduce, recycle, and, as a last resort, dispose.
The shift towards P2 presents a tremendous challenge to the Agency. Region 5 works
closely with State agencies to encourage users of toxic chemicals to find safer substitutes and
to reform production techniques so that smaller quantities and fewer toxic chemicals are
required and generated. The following are two notable examples of P2 SEP's.
* John Crane Co. (Morton Grove, IL) has reduced the use and release of the 130,000 Ib per
year of 1,1,1 ,-trichloroethane that had been used as a degreasing material. The company
has changed its process so that it now degreases with hot water and detergent. Cost:
$201,000.
* Magnetrol International Inc. (Downers Grove, IL) will eliminate the use and release of
three degreasing chemicals trichloroethylene, 1,1,1,-trichloroethane, and Freon-13 - by
about 35,900 Ib per year. The company will now use soap and water for degreasing.
Cost: $26,509.
Region 5 is gaining momentum integrating P2 concepts into all its activities, including
enforcement. Throughout the report, settlements involving SEP's to offset penalties are
highlighted. An appendix listing all Region 5 SEP's for FY 92 is also available upon
request.
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THE MULTI-MEDIA APPROACH TO ENFORCEMENT
Perhaps the most vital innovation U.S. EPA has made over the past few years is to approach
environmental regulation on a multi-media/cross-statute basis, rather than on a single-
medium/single-statute basis. There are several advantages to this shift in emphasis. For
example, this more holistic approach enables U.S. EPA to simultaneously address all known
environmental problems at a particular facility. If successful, this should ensure that solving
a problem in one environmental medium (i.e. land) does not create problems in another (i.e.
water).
Another advantage to the multi-media approach is that it is more cost-efficient for those
regulated. If U.S. EPA is doing its job efficiently, those regulated should spend less time
(and resources) dealing with multiple U.S. EPA inspections or enforcement actions.
Likewise, those regulated will be better able to coordinate plans for any capital
improvements that may be necessary to comply with several statutes. Multi-media
enforcement does not, however, provide any break on penalties.
The shift in emphasis from single-medium to multi-media enforcement is, of course, not
without problems. Integrating the existing compliance data on a particular facility,
conducting inspections to address all potential violations, and taking enforcement actions that
address a particular facility's entire environmental profile all require an enormous amount of
time-consuming coordination among several U.S. EPA program offices. To streamline this
process, Region 5 has reorganized a portion of its legal staff to coordinate the Region's
multi-media enforcement cases.
Multi-media enforcement is indeed a guiding tenet of future U.S. EPA operations. The
single medium/statute approach, however, will continue to be used in appropriate
circumstances. In fact, sometimes this approach can be quicker and more direct. But
whenever possible, an enforcement action should include all currently known violations as
opposed to sequential enforcement efforts by the different U.S. EPA program offices.
CASE HIGHLIGHTS
U.S. v. Gary Steel Products Corp. and Purcell McQueen (Gary, IN)
On December 31, 1991, Region 5 filed against Gary Steel Products Corp. and Purcell
McQueen its first multi-media complaint to cite violations of the asbestos National Emission
Standard for Hazardous Air Pollutants (NESHAP), the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA), and the Emergency Planning and
Community Right to Know Act (EPCRA). The defendants had allegedly disregarded
asbestos disposal regulations during a Fall 1989 renovation project, during which asbestos-
containing material was dumped in a vacant lot in Gary.
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IN RE: REILLY TAR AND CHEMICAL (INDIANAPOLIS, IN)
On September 10, 1992, Region 5 amended an administrative consent order requiring a
remedial investigation and feasibility study (RI/FS) at the Reilly Tar & Chemical Superfund
site. The amendment (agreed to by the company) integrates Resource Conservation and
Recovery Act (RCRA) corrective action requirements for the facility into the framework of
the original 1987 RI/FS order.
The first record of decision (ROD) for the site was signed on June 30, 1992, and has a
present cost of $15,000,000. The remedy is to install, operate, and maintain a groundwater
well extraction and treatment system. This prevents groundwater contaminated with benzene,
pyridines, and ammonia from migrating beyond the site boundaries.
The Region incorporated RCRA corrective action provisions into the RI/FS because Reilly
Tar & Chemical also operates a RCRA-permitted treatment, storage, and disposal facility.
The manufacturing process involves custom synthesis of pyridines and pyridine derivatives
used in the manufacture of automobile tires. The Federal portion of the RCRA permit
contains extensive corrective action requirements for solid waste management units at the
facility where a release or threat of release had been identified by U.S. EPA's RCRA facility
assessment. The company had disputed most of the corrective action provisions contained in
the permit because of alleged problems of RCRA/CERCLA coordination.
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KEQGRAPHir ENFORCEMENT INITIATIVES
A Geographic Enforcement Initiative (GET) refers to an intense application of multi-media
enforcement and pollution prevention activities to a distinct location that displays chronic
compliance problems coupled with severe risks to human health and the environment. By
providing a geographical focus to our enforcement, this approach ensures that Region 5
addresses high-risk problems first and channels its resources in the way that is most
ecologically beneficial. Due to the great success of the ongoing Northwest Indiana/Southeast
Cook Co. (Illinois) GEI, Region 5 will soon begin new geographic initiatives in other areas.
NORTHWEST INDIANA / SOUTHEAST COOK COUNTY
The first GEI developed by Region 5 was launched in the Fall of 1990 and encompassed
Northwest Indiana and Southeast Cook Co., IL, an area beset with complex environmental
problems affecting all environmental media - air, water, and land as well as the residents'
general quality of life.
For 100 years, the Grand Calumet River/Indiana Harbor Ship Canal (Grand Cal) area has
been heavily industrialized. The resulting ecological degradation and its effects on southern
Lake Michigan prompted the U.S./Canadian International Joint Commission to designate the
Grand Cal as an "area of concern" on the Great Lakes
While U.S. EPA's traditional approach had brought about environmental improvements in
the area, it was believed that a more concentrated, creative, and inter-connected solution was
needed. Region 5 has established six main goals for this GEI area:
(1) to reduce toxic loadings to the area by 50 percent by 1995,
(2) to restore the area's natural resources,
(3) to achieve a high level of compliance with all applicable environmental laws,
(4) to achieve full compliance with the U.S./Canada Great Lakes Water Quality
Agreement,
(5) to develop and carry out a pollution prevention program to complement Federal and
State enforcement, and
(6) to integrate an aggressive communications strategy into each aspect and phase of the
initiative.
Over the past 3 years, Region 5 has progressed dramatically towards achieving these goals.
During FY 92, that progress continued at a steady clip with the referral of 11 cases to DOJ
and the filing of several administrative actions. Notably, five consent decrees were either
lodged or entered for three entities LTV Steel, Midwest Solvent Recovery (Midco I and
II), and Federated Metals all located in Northwest Indiana. As the following highlights
indicate, these settlements also represent a serious commitment on the part of Northwest
Indiana industries to clean up the environment.
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CASE HIGHLIGHTS
U.S. v. LTV STEEL Co. (EAST CHICAGO, IN)
On May 26, 1992, a consent decree was lodged in Federal court to resolve a case against
LTV Steel Co. In a complaint filed with the decree, Region 5 alleged that LTV had violated
the Clean Water Act (CWA) by discharging oil and other pollutants into a waterway at LTV
Steel's Indiana Harbor Works facility. LTV must pay a $250,000 civil penalty and
undertake a 3-phase project to remove the oil and remediate all of the contaminated sediment
in a water intake channel. U.S. EPA estimates that LTV Steel will remediate approximately
100,000 cubic yards of sediment at a cost of $6-10 million.
U.S. v. MIDWEST SOLVENT RECOVERY, ET AL. (Mroco I AND n) (GARY, IN)
On June 23, 1992, three consent decrees resolved the Region's case involving the Midco I
and II Superfund sites. In 1979, these sites were covered with burned-out drums, full and
partially filled drums, contaminated soil, and several tanks.
U.S. EPA removed the tanks and drums. In 1989, ROD's were issued for groundwater
cleanup, some soil treatment, and a RCRA cap. After unsuccessful negotiations with the
potentially responsible parties (PRP's), the Region issued unilateral orders and filed an
amended CERCLA complaint to renew the litigation.
The three decrees require the 93 settling parties and third-party defendants to complete
Remedial Design/Remedial Action (RD/RA) at the sites and to reimburse the Agency in the
amount of $4.8 million. The settling defendants have submitted the draft project plans for
the RD/RA's. The proposed remedy includes on-site treatment of contaminated soil by vapor
extraction and by solidification/stabilization, excavation and treatment of contaminated
sediments, pumping and treating groundwater, deep-well injection, and a RCRA cap. The
total value of this work is estimated at $27 million.
U.S. v. FEDERATED METALS (WHITING, IN)
On September 10, 1992, a consent decree was lodged in the Hammond, IN, Federal court to
settle RCRA violations at Federated Metals' Whiting facility. The remedy, valued at $5
million, includes a RCRA facility inspection and corrective measures study, cleanup of lead,
cadmium, and other hazardous substances at the site, and closure and post-closure plans. In
addition, the company must pay a $675,000 civil penalty.
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REGION 5»g BOT.E IN NATIONAL ENFORCEMENT INITIATIVES
During FY 92, Region 5 actively participated in several national enforcement initiatives or
"clusters" aimed at either specific pollutants or specific industries.
LEAD INITIATIVE
In July 1991, U.S. EPA and DOJ launched a nationwide crackdown to enforce existing lead
laws and regulations. This initiative continued in FY 92 and focused on reducing public
exposure to lead. The Agency is particularly concerned about lead's health effects on
children. Region 5 participated by filing eight of the Nation's 24 judicial cases and one of
the Nation's 12 administrative complaints. (A summary of Region 5's own efforts to reduce
airborne lead pollution begins on page 15.)
ORGANIC CHEMICALS INITIATIVE
In 1992, U.S. EPA and DOJ filed a series of enforcement actions against and settlements
with manufacturers of organic chemicals as part of this national effort. U.S. EPA deemed
this industry to have particularly high incidence of compliance problems. Region 5 brought
seven of the Nation's 14 administrative complaints and settlements for penalties totaling
$905,625.
The major products created by the organic chemicals industry include solvents, synthetic
perfume and flavoring materials, rubber processing chemicals, plasticizers, synthetic tanning
agents, chemical warfare gases, cyclic cruders, dyes, organic pigments, and natural gum and
wood chemicals. Chemicals used, transferred, and released in the manufacturing process
include ammonium sulfate, hydrochloric acid, ammonia, methanol, sulfuric acid, acetone,
dichloromethane, formaldehyde, styrene, benzene, and acrylonitrile.
» IN RE: AKZO CHEMICALS. INC. (McCooK. IL)
The Akzo Chemicals facility produces organic chemicals used in several products,
including additives for asphalt. On August 28, 1992, Region 5 filed an administrative
complaint alleging that Akzo's facility had violated TSCA's PCB regulations when it
improperly used PCB transformers and failed to submit required reports. Region 5 seeks
a $37,000 fine for these violations.
IN RE: AKZO COATINGS. INC. (EAST ST. Louis. IL)
The Akzo Coatings facility manufactures alkyd, polyester, and acrylic resins for industrial
and automotive coatings. On July 11, 1992, Region 5 issued an administrative complaint
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against Akzo for several violations of the Toxic Substances Control Act (TSCA). The
complaint alleged four counts of filing false manufacturing notices. U.S. EPA is
seeking a $100,000 civil penalty.
IN RE: ARISTECH CHEMICAL CORP. (HAVERHILL. OH)
A February 12, 1992, consent decree resolved this long-standing CWA case. Aristech
agreed to pay a $72,000 penalty and install a carbon absorption system, dual media sand
filters, and an ultraviolet disinfection unit to treat its wastewater discharges. The newly
installed equipment will provide substantial benefits for the environment, including
additional removal of suspended solids, soluble organic matter, phosphorus, ammonia, and
fecal coliform bacteria. The carbon absorption system and the tertiary filters should
reduce suspended solids and biochemical oxygen demand (BOD) in the effluent by at least
67 percent.
Region 5 took action against Aristech's Haverhill plant in June 1989 after a review of
discharge monitoring reports showed that the company was discharging into the Ohio
River excessive amounts of total suspended solids and pollutants exceeding BOD permit
limitations. The company has complied with its tertiary permit limits since July 1989.
IN RE: HENKEL CORP. (KANKAKEE. IL)
Henkel Corp. manufactures industrial chemicals, polyamide resins, and vitamin E. On
July 16, 1992, Region 5 issued an administrative complaint against the company for three
TSCA violations: failing to file a pre-manufacture notice; filing three late manufacturing
notices; and failing to file export notices. The Region is seeking a total civil penalty of
$31,000. Henkel disclosed some of the violations following a U.S. EPA inspection.
IN RE: MONSANTO Co. (SAUGHT. IU
On May 22, 1992, the Region issued an administrative complaint proposing a $34,600
fine against Monsanto Co. for TSCA violations. Monsanto had voluntarily informed the
Region of its failure to submit pre-manufacturing notification for two chemicals. These
chemicals had been on the TSCA Chemical Substance Inventory at the time of
manufacture.
IN RE: PMC. INC. (CHICAGO. IU
PMC Inc. manufactures chemicals used in paint, ink, and fungicides. On August 26,
1992, the Region filed an administrative complaint alleging the company's two PCB
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transformers had not been registered with the appropriate fire response personnel by
December 1, 1985, as required by TSCA. In addition, the complaint alleges that the
facility failed to prepare annual reports from 1985-89. Regulations require owners or
operators of facilities using or storing at least 45 kilograms of PCB's in containers or
transformers to develop and maintain records on the disposition of the PCB's and PCB
items.
U.S. EPA discovered the alleged violations during a March 1991 inspection. The
proposed administrative penalty is $37,000.
IN RE: UNION CAMP CORP.
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PRIMARY METALS INITIATIVE
On September 10, 1992, DOJ filed a series of enforcement actions against metal
manufacturers and smelters. Region 5 issued one judicial complaint and entered two consent
decrees. (The Federated Metals consent decree discussed on page 5 also falls in this
category.) The metal manufacturing and smelting industries produce a variety of products
including metal plates, sheets, strips, rods, bars, and castings. Among the chemicals used,
transferred, and released by the industry are zinc compounds, chlorine, sulfuric acid,
hydrochloric acid, copper compounds, lead, benzene, chromium, nickel, and
dichloromethane.
* U.S. v. GREAT LAKES CASTING CORP. (LUDINGTON. MD
Great Lakes Castings manufactures gray iron castings for the refrigeration, automotive,
and farm machine industries. According to the judicial complaint, the company
unlawfully treated, stored, or disposed of wastewater treatment sludges (hazardous waste
under RCRA) in lagoons at its facility. Specifically, U.S. EPA has alleged that the
company violated RCRA by failing to obtain a permit or other authority to dispose of
hazardous waste and violated RCRA's requirement to maintain liability insurance to cover
sudden and accidental problems.
» U.S. v. AMSTED INDUSTRIES. INC. (ALLIANCE. OH)
Under a consent decree lodged in September 1992, Amsted Industries will pay a $250,000
civil penalty for RCRA violations at its foundry. U.S. EPA alleged that Amsted treated
hazardous waste without a permit and unlawfully disposed of hazardous waste at the
Sebring landfill. The consent decree requires Amsted to comply with all RCRA
requirements, including the requirement to develop a closure plan for the Sebring facility,
to comply with applicable groundwater monitoring requirements, and to maintain adequate
financial assurance.
PULP AND PAPER INITIATIVE
In December 1991, Region 5 created a task force to help in a national effort to bring the
pulp and paper mills into environmental compliance. The industry produces fiber pulp,
rayon or wood pulp, and many types of paper, such as absorbent paper, catalog paper, facial
tissue stock, kraft sheathing paper, newsprint, and writing paper. Chemicals of concern that
are used, transferred, and released by the industry include methanol, toluene, hydrochloric
acid, acetone, sulfuric acid, chloroform, formaldehyde, PCB's, and dichloromethane.
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About 160 paper mills and 52 pulp mills are located in Region 5. In September 1992,
Region 5 filed judicial complaints in two cases: Consolidated Papers, Inc. and Appleton
Papers. Additionally, the Region issued five findings or notices of violation and referred two
other cases to DOJ for enforcement.
» U.S. v. APPLETON PAPERS. INC. (APPLETON. WD
On September 10, 1992, Region 5 filed a judicial complaint against Appleton Papers for
violating industrial wastewater pretreatment limits set by the City of Appleton. The
company discharges nearly 30,000 gallons a day of wastewater to the City's treatment
plant. Region 5 alleged that since 1987, the company repeatedly discharged excessive
amounts of copper, zinc, and aluminum into the City's sewage treatment plant. The
company was also cited for exceeding the limits for the acidity and alkalinity (pH) of
wastewater that may be discharged to publicly-owned treatment works. Appleton has now
installed a pretreatment system.
» U.S. v. CONSOLIDATED PAPERS. INC. (WISCONSIN RAPIDS. WD
Region 5's September 9, 1992, judicial complaint against Consolidated Papers, Inc.
alleges that the company violated Federal requirements designed to prevent significant
deterioration in air quality in areas that do not meet Federal health-based standards. U.S.
EPA alleges that since August 1991, Consolidated has exceeded emission limits for
paniculate matter from a lime kiln at its kraft pulp mill. The complaint seeks civil
penalties and an injunction requiring Consolidated to reduce its paniculate emissions.
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CRIMINAL ENFORCEMENT
In FY 92, Region 5's Criminal Investigations Division (CID) brought indictments in eight
cases, more than doubling last year's level. Importantly, these indictments cover all program
areas, sending a clear signal and providing a strong deterrent to potential criminal violators.
Additionally, a record total of 19 defendants (17 individuals and two corporations) were
charged in eight separate criminal cases. The length of the prison sentences handed out in
these cases surpassed the incarceration time imposed in any previous year. Six individuals
received jail sentences ranging from 12 to 24 months.
Region 5's CID also participates in environmental crime task forces in cities throughout the
Region, including Chicago, Milwaukee, Minneapolis and St. Paul, Springfield (IL),
Indianapolis, Cincinnati, and Cleveland. Along with the Region's agents and lawyers, the
task forces are generally comprised of representatives from Offices of the U.S. Attorney; the
FBI; State Attorneys General, police, and environmental agencies; metropolitan sewer
authorities; and county health agencies. Designed to coordinate investigations and enhance
prosecutions, the task forces also train other law enforcement agents to spot environmental
crime.
The following Federal cases account for a total of 96 months of prison time to be served by
those found guilty of environmental crimes.
CASE HTGHLTGHTS
U.S. v. BLANCHARD, ET AL. (KINROSS, MI)
On May 13, 1992, Gerry Blanchard, the final defendant to be sentenced in the Kinross
Manufacturing Corp. case received a 2-year jail sentence. Blanchard pleaded guilty to
charges of bankruptcy and defense contractor fraud in exchange for the dismissal of
environmental charges under RCRA and CERCLA. In addition to the jail term, he was
sentenced to 2 years of supervised release, fined $6500, and required to pay restitution of
$118,000 on the bankruptcy fraud charge. He also received 5 years of probation on the
defense contractor fraud charge.
The investigation began as a contract fraud case involving the firm's manufacture of grossly
deficient practice rifle grenades and other munitions. It expanded to include environmental
charges after the discovery of more than 100 barrels of chromate waste illegally stored and
dumped at the Kinross site. In 1989, U.S. EPA participated in an extensive search warrant
at the site involving more than 30 law enforcement agents from U.S. EPA, the FBI, the
Army, Air Force, and other defense agencies. Evidence of illegal treatment, storage, and
dumping of hazardous waste at Kinross led to the 1990 environmental charges.
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U.S. V. ENVmOANALYSTS (MILWAUKEE, WI)
On October 4, 1991, a Federal judge in Milwaukee found Enviroanalysts, Inc., (EA) and its
owner John Ruetz guilty of charges of falsifying lab results for their clients. In addition,
Ruetz was found guilty of mail fraud and making false statements to the Government. EA
and Ruetz were each fined $14,000. They had been indicted in August 1990 on 15 counts,
including the false statements provisions of the CWA, RCRA, and Title 18; mail fraud; and
conspiracy.
The case arose from allegations made to U.S. EPA that the lab was routinely using incorrect
procedures and equipment, changing numbers to show compliance, and simply fabricating
results for samples that were never taken. During a 1988 search, essentially all EA records
were seized.
The principal witness for the Government was an employee of the Wisconsin Dept. of
Natural Resoureces. Eventually, the company's vice-president cooperated. Numerous
witnesses testified that EA had routinely falsified data. Six employees testified Ruetz was
aware of the violations, had ordered employees to falsify results, and had fabricated numbers
himself on several occasions. Ruetz testified that although he is an expert in chemical
analyses, he had been misled by employees.
The judge's verdict acquitted Ruetz on only the conspiracy count. Convicted on the other 14
counts, Ruetz was sentenced to a $14,000 fine and a 2-year probation.
U.S. v. LLOYD (ALLEN COUNTY, OH)
On August 11, 1992, David Lloyd, the former superintendent of the Allen County Sanitary
District, was sentenced after he pleaded .guilty to charges of falsifying monthly operating
reports submitted to Ohio EPA. Lloyd received 1 year of probation on each of the five
counts and was fined $6,318. Lloyd remained at home and wore an electronic monitoring
device for 180 days.
U.S. EPA determined through search warrants and interviews with plant employees that
Lloyd had ordered the falsification of numerous wastewater analyses in an attempt to cover
up the treatment plant's inadequacies. The detected falsifications involved fecal coliform,
ammonia, and dissolved oxygen. In May 1992, Lloyd was charged with five counts of
submitting false reports required under the CWA. He subsequently pleaded guilty to all of
the counts.
U.S. v. MONTGOMERY TANK LINES (GARY, IN)
On April 1, 1992, Florida-based Montgomery Tank Lines, Inc., (MTL) and four employees
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were indicted by a Federal grand jury in South Bend, IN, for a 1987 spill of more than
38,000 gallons of hydrochloric acid at a tank storage facility in Gary. All defendants were
charged with a conspiracy to avoid reporting the release and with interfering with U.S.
EPA's investigation. In addition, MTL and two employees were charged with failing to
report the release under CERCLA and one employee was charged with two counts of lying to
the Government in response to a U.S. EPA request for information.
The defendants face potential sentences of up to 5 years in jail for the conspiracy count,
three years for the CERCLA count, and 5 years on each of the false statement counts. The
spill created a cloud of acidic fumes causing the evacuation of more than 2,000 residents and
forcing a shut-down of part of an interstate highway. MTL's agent at the scene was
prosecuted in 1990 for failing to report the release under CERCLA. A continuing
investigation revealed that MTL employees conspired to hide the fact that MTL owned and
controlled the tanks and had arranged to store acid in them. MTL employees knew the tanks
were improperly equipped to handle acid and had begun to leak several days before the
major release. The indictment also alleges that MTL employees lied to State and Federal
Government representatives in an attempt to shield MTL from liability.
U.S. v. SENTCO PAINT Co. (YOUNGSTOWN, OH)
On June 1, 1992, a Federal district judge sentenced Roland Brothers, Rick Brothers, and
Donald Cole for illegally disposing of RCRA-regulated hazardous wastes. All defendants
had pleaded guilty to the charges. Roland Brothers, the former president of Sentco Paint
Company, Inc., was sentenced to 15 months in prison and 2 years of supervision. Rick
Brothers, the former plant superintendent, was sentenced to 18 months in prison and 3 years
of supervision. The third defendant, Donald Cole, received a sentence of 6 months of home
detention and 2 years of supervision. The corporation will be sentenced at a later date.
During the investigation, U.S. EPA determined that Sentco Paint made an adhesive product
from a variety of waste chemicals. When the product proved unusable, customers returned it
to Sentco. The defendants buried the unusable, hazardous glue under a loading dock. Other
materials were disposed of in a neighboring trash dumpster. U.S. EPA executed two search
warrants and recovered barrels of the hazardous waste adhesive from under the loading dock.
U.S. v. PYTLARZ (CHICAGO, IL)
On May 26, 1992, Jeffrey Pytlarz, president and owner of P&H Plating Co., was sentenced
to 15 months in prison for dumping 4,000 gallons of electroplating solution into the Chicago
sewer system in 1989. Pytlarz was also required to serve 1 year of supervised release after
the jail term is completed.
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Pytlarz and two other former employees of P&H Plating had been indicted on November 21,
1991, on a CWA charge of violating electroplating standards. The crime forced a complete
shutdown of the Northwest-side Treatment Plant and killed about 20,000 fish in the Chicago
River. The other defendants pleaded guilty and were sentenced to probation.
U.S. v. WESTFALL (COLUMBUS, OH)
On December 4, 1991, Tracy Westfall was sentenced to 12 months in jail after pleading
guilty to charges that he had knowingly scrapped electric transformers containing PCB's.
Westfall was charged in September 1990 in a two-count indictment charging him with
illegally disposing of PCB's under TSCA and failing to report a release of PCB's under
CERCLA. Westfall pleaded guilty in August 1991 to the CERCLA felony in a plea
agreement dismissing the misdemeanor TSCA count. His sentence also provided for 1 year
of supervised release following the jail term.
This case began in May 1989 when Ohio EPA received a tip that Westfall was cutting up
electric transformers at his machine shop in Columbus, OH. State inspectors visited the shop
but were denied access by Westfall. After an all-night surveillance, Ohio EPA gained access
the next morning and found a drained PCB transformer in the shop, a cut-up transformer in a
box outside the facility, PCB-contaminated paper windings in a dumpster, and several barrels
of PCB-tainted oil on the loading dock. The case was jointly investigated by special agents
for U.S. EPA, FBI, and technical staff from Ohio EPA. Ohio EPA supervised the removal
of the contaminated materials.
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CLEAN AIR ACT
Enforcement of laws and regulations to protect air quality was bolstered in FY 92 by new
tools authorized by the Clean Air Act (CAA) Amendments of 1990. The number of air
enforcement cases involving a penalty rose by 75 percent above FY 91 figures due to the
Region's aggressive use of the Agency's new administrative penalty order authority. Region
5 is credited with 23 of the Nation's 105 administrative penalty cases. Penalties ranging
from $25,000-5176,000 were proposed based on the seriousness of the violation and the
economic benefit of non-compliance.
Nine of the aforementioned 23 cases involve failure to certify compliance with Federal
regulations limiting volatile organic material (VOM) emissions in the Chicago metropolitan
area, which has one of the Nation's worst ozone problems. In addition, the Region referred
19 cases to DOJ for civil prosecution and assessment of penalties. In FY 92, Region 5
obtained 10 judicial orders entered in U.S. District Courts assessing more than $278,000 in
total penalties. Region 5 also issued 44 administrative (non-penalty) complaints requiring
immediate environmental compliance.
Enforcement of the Federal regulation for asbestos was a high priority in FY 92 and
promises to remain so in FY 93 with a greater emphasis on asbestos disposal rules. The
regulation protects public health by minimizing the release of dangerous asbestos from
activities such as the renovation and demolition of buildings.
The Region's enforcement success in the air program results in large part from a cooperative
working relationships with the States and local air pollution control agencies. The act gives
the States primary responsibility for identifying significant violators and bringing timely and
appropriate enforcement actions. In FY 92, the States in Region 5 issued 24 administrative
penalty orders and obtained $6,833,279 in total penalties.
REGION 5's AIRBORNE LEAD INITIATIVE
In FY 92, Region 5's air program began an ambitious effort to identify the major sources of
lead pollution to the air. The primary goal is to reduce the hundreds of thousands of pounds
of lead emitted annually. During FY 92, the Region used the Toxic Release Inventory (TRI)
to identify major sources of lead and initiated modeling and coordinated monitoring around
major sources to identify areas with actual or predicted high lead concentrations in the air.
The strategy to reduce lead emissions includes designating problem areas as nonattainment
and revising State Implementation Plans (SIP's) where necessary to achieve the ambient air
standard for lead. The following are highlights of activities that occurred in each Region 5
State.
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Illinois
Region 5 is investigating the possibility of redesignating the area surrounding Chemetco
Inc. (Hartford) as nonattainment due to the extremely high lead concentrations detected in
the air. On April 29, 1992, U.S. EPA issued Chemetco a notice of violation for causing
or contributing to violations of the National Ambient Air Quality Standards (NAAQS) for
lead, for failing a paniculate matter stack test, and for operating without permits. In
addition, during FY 92 the Region conducted two inspections at the company's facility to
gather information for its current enforcement action.
Indiana
On November 6, 1991, U.S. EPA designated Marion County as a nonattainment area for
lead due to violations of the lead NAAQS in 1990 and 1991. On February 4, 1992, as
part of the lead control strategy for Marion, the State of Indiana submitted to U.S. EPA
regulations requiring Refined Metals Corp. (Beach Grove) to totally enclose its blast and
dust furnaces. This strategy is currently being reviewed by Region 5. Other activities
include tracking Indiana's enforcement against Exide Co. (Muncie) and disapproving a
control strategy for fugitive lead dust plans for eight facilities.
Michigan
During FY 92, Region 5 did a refined modeling analysis of permitted lead emissions from
Federal Mogul Corp. (St. Johns). The analysis predicted a maximum ambient lead
concentration that exceeds the lead standard. Federal Mogul recently installed a baghouse
dust control system at one of its lead emission points. This was done after a FY 91
Federal inspection revealed visible emissions from an aluminum casting operation.
Region 5 referred the modeling analysis to the State, which is investigating the possibility
of lowering Federal Mogul's permit limits to reflect the addition of controls and ensure
that the NAAQS for lead are met.
Minnesota
On November 6, 1992, U.S. EPA designated Dakota County as a nonattainment area for
lead. As a result, the State of Minnesota is currently developing a lead control strategy
for the area, which is due in July 1993. The main source of lead in Dakota County is the
Gopher Smelting & Refining Co. (Eagan, a suburb of St. Paul).
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Ohio
Region 5 established two monitor sites in the vicinity of Master Metals1 secondary lead
smelter in Cleveland. These monitors detected extremely high ambient lead levels,
prompting the Region to require new State regulations and conduct further investigations.
On August 3, 1992, the State of Ohio issued a shut-down order to Master Metals. An
order regulating start-up of the facility's operations was subsequently issued, and the State
is closely monitoring the facility's actions to comply with the State requirements.
Additional lead monitors have been installed in the vicinity of Master Metals, to assess the
the source of lead emissions.
Wisconsin
A Region 5 inspection of Kohler Co. uncovered no violations of the paniculate matter
SIP. However, it did reveal that Kohler had not considered possible emissions from the
processing of scrap metal in its 1990 TRI lead emissions estimate of 4,100 Ib. The
facility has since investigated the lead content of the scrap metal, which resulted in the
addition of 15,000 Ib of lead to the TRI estimate. This prompted Kohler to revise its
specifications for purchasing scrap metal so that scrap with a high lead content is refused.
CASE HIGHLIGHTS
IN RE: BISCRAFT OF OHIO (HURON, OH)
On May 19, 1992, Region 5 issued the first administrative subpoena under §307(a) of the
CAA, as amended in 1990. The subpoena requires an employee of Biscraft of Ohio, an
asbestos abatement firm, to answer questions in order to help U.S. EPA verify the facts of a
case involving an asbestos removal project.
This case had begun on November 26, 1990, when a U.S. EPA inspector observed suspect
dry asbestos-containing material underneath the removal area and additional dry material in
an open disposal bag at the site. Federal rules require that asbestos-containing materials be
kept adequately wet to prevent the emission of dangerous asbestos particles into the air.
Representatives of the company's parent corporation denied that any removal occurred on the
November date and asserted that Biscraft was not responsible for the asbestos found on the
ground and scaffolding. The deposition was used to help determine the appropriate
enforcement strategy in this matter.
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IN RE: CENTRAL ILLINOIS POWER Co. (HUTSONVILLE, IL)
On July 31, 1992, Region 5 filed the Nation's first administrative agreement to resolve a
penalty-order under the CAA with Central Illinois Power Co. (CIPC). Region 5 assessed a
$24,000 fine for two violations of sulfur dioxide emissions limits. The complaint, issued
May 20, 1992, as part the Agency's Nationwide CAA administrative penalty order initiative,
alleged that CIPC's Hutsonville Station had exceeded emission limits for sulfur dioxide on 2
separate days in 1991.
IN RE: ESSROC MATERIALS, INC. (SPEED, IN)
Region 5's first administrative compliance order under the new CAA, filed on November 13,
1991, required ESSROC Materials, Inc., to upgrade emission control equipment at its facility
by August 1, 1992. The previous CAA enforcement provisions did not allow U.S. EPA and
a violator to agree to a compliance plan and timetable. ESSROC (a cement plant) had
violated performance standards for new sources of air pollution. The order required
ESSROC to complete an exhaustive engineering study on its cement kiln raw roller mill and
its gaseous distribution through electrostatic precipitator, carry out corrective action
according to the findings of the study, and achieve compliance by August 1, 1992. The
environmental improvements cost about $747,000.
U.S. v. TRIAD SALVAGE, INC., ET AL. (ASHTABULA, OH)
On August 5, 1992, consent decrees were entered in Federal court to resolve a 1988 CAA
complaint against Triad Salvage, Inc., Consolidated Rail Corp. (Conrail), Acme Scrap Iron
and Metal Co., and Columbia Iron and Metal Co. for failing to meet the asbestos NESHAP
during the demolition of a former ore boat in Ashtabula. Under the decrees, each defendant
will pay a civil penalty (Triad-$3,000, Conrail-$25,000, Acme-$3,000, and Columbia-
$12,500). In addition, the defendants are required to notify both U.S. EPA and Ohio EPA
before any future disturbance at the site and submit regular reports to the two Government
agencies. Columbia and Conrail also spent $1.1 million on the cleanup of PCB's and
asbestos.
IN RE: WHEELING-PITTSBURGH STEEL CORP. (WHEELING, WV)
The $1.25 million penalty levied through Ohio EPA's October 1991 consent order with
Wheeling-Pittsburgh Corp. is the second highest in Ohio history for an air pollution case.
The order, jointly negotiated by the Ohio Attorney General, Ohio EPA, and Region 5, also
requires Wheeling-Pittsburgh to upgrade the coke oven gas desulfurization unit at its
Follansbee plant, which provides gas to the company's Ohio facilities. This upgrade will
help reduce the emissions of sulfur dioxide. Wheeling-Pittsburgh had violated the air
pollution control regulations limiting the emission of sulfur dioxide at three Ohio facilities.
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CLEAN WATER ACT
During FY 92, Region 5's aggressive use of enforcement tools helped bring the goals of the
Clean Water Act (CWA) closer to fruition. Foremost among these goals are protecting our
waterways from pollutants and shielding precious wetland ecosystems from the threats posed
by human activity.
Enforcement of the National Pollutant Discharge Elimination System (NPDES) program is
one of U.S. EPA's best tools for keeping pollutants out of the Nation's lakes, rivers, and
streams. Federal and State enforcement actions are taken to ensure that at least 90 percent of
the Region's major industrial and municipal wastewater treatment facilities are in compliance
at all times. Of the 1,160 major facilities in the Region, 89 percent were in compliance at
the end of FY 92. When violations do occur, enforcement actions ensure that they are
promptly and appropriately addressed. In FY 92, Region 5 or its counterpart State agency
took enforcement actions within 6 months against more than 98 percent of the violating
facilities.
Water enforcement efforts aimed at the organic chemical, plastic, and synthetic fibers
industries resulted in 13 formal enforcement actions, including three referrals to DOJ.
Illegal discharges from this manufacturing sector have the potential to severely damage
surface waters and interfere with the operation of publicly-owned treatment works.
Despite intense scrutiny and some criticism of U.S. EPA's wetlands program in FY 92,
Region 5 continued to use §404 of the CWA to protect these valuable resources. In 24
separate actions, Region 5 assessed more than $730,000 in penalties and ordered the
restoration or construction of several wetlands areas.
The State of Michigan (the only one in the Nation which has the authority to enforce
wetlands regulations) brought criminal charges in 18 cases and filed civil suits in State court
for eight cases. Michigan also ordered the restoration of 132 damaged wetland areas.
CASE HIGHLIGHTS
IN RE: CITY OF ADRIAN (MI)
To resolve Region 5's administrative action alleging NPDES violations, the City of Adrian
has agreed to carry out $115,000 worth of environmental projects and pay a $25,000 civil
penalty. The three projects will have notable environmental advantages. First, the City will
install a $15,000 dechlorination system at its wastewater treatment facility. Although the
City is now is in compliance with chlorine limits, this system will reduce the possibility of
future violations. Second, the city will conduct a $39,000 study of the water quality in the
south branch of the River Raisin. This study-done with the River Raisin Watershed
Council-will be used to improve stormwater management in the mostly rural area. Third,
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the City will perform a comprehensive study of its phosphorus removal process. This
$61,000 study will identify the impact of toxicants on the process and determine the cause of
past process upsets.
U.S. v. DANA CORP. (HAGERSTOWN, IN)
A March 4, 1992, consent decree settled Region 5's civil penalty action against Dana Corp.
The company will pay a penalty of $750,000 and construct a recirculating water cooling
system and treatment facility at its engine products division. This work will reduce toxic
pollutant loadings to the West Fork of the Whitewater River. Region 5's complaint, filed on
February 27, 1991, alleged hexavalent and total chromium discharges that exceeded Dana's
NPDES permit limits. The company's monthly discharge monitoring reports showed a total
of 1,324 such violations.
U.S. v. KRILICH BUILDERS ET AL. (OAKBROOK TERRACE AND LAKEMOOR, IL)
An August 7, 1992, consent decree resolved Region 5's wetlands case against Krilich
Builders et al. for violations in Oakbrook Terrace and Lakemoor. Krilich agreed to restore
some wetlands, create some new wetlands, and pay a civil penalty of $185,000the largest
ever assessed by the Region's wetlands program.
The Lakemoor violations occurred in January 1986 and those at Oakbrook Terrace in
September 1988 and various times after that. Region 5 issued administrative orders for both
sites requiring the company to stop violating the CWA and restore the damaged wetlands.
Krilich estimates that it will spend more than $50,000 on these activities.
U.S. v. VILLAGE OF SAUGET (IL)
A March 1992 consent decree requiring a $750,000 civil penalty resolved a joint civil action
by Region 5 and the State of Illinois against the sewerage district run by the Village of
Sauget. Importantlyr the village will spend about $10 million on compliance to clean up the
most toxic discharge in the Region. The village discharges an average of 17 million gallons
of industrial and domestic wastewater a day into the Mississippi River. Sauget also agreed to
fund Illinois EPA's hiring of a "pretreatment program observer" to monitor compliance by
the village and its industrial usersthe first such provision in a consent decree with a
municipality.
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SAFE DRINKING WATER ACT
The goal of the Safe Drinking Water Act (SDWA) is clear by its name-to improve the
quality of the water that U.S. residents drink. To achieve this, U.S. EPA has two main
enforcement programs: one to supervise the operation of public water systems; the other to
protect groundwater by controlling the injection of waste into underground wells.
In addition to the traditional enforcement components, U.S. EPA's public water supervision
program has a strong emphasis on preventing violations. Inspectors not only document
violations but also advise the operators of public water systems on how to anticipate and
correct any deficiencies that may lead to violations. One measure of the success of this
approach is the fact that although operators must abide by increasing regulations, there has
not been any marked increase in violations. In fact, total violations in Michigan and
Wisconsin decreased from FY 91 to FY 92.
Because the Region has delegated primary enforcement authority to the States, the State
environmental agencies account for the lion's share of inspection and enforcement activities.
In FY 92, the States initiated a total of 2,789 formal enforcement actions while the Region
took a total of 53 escalated actions (beyond the administrative notice level). In FY 92, the
States performed a total of 10,510 inspection of public water supplies. Additionally, Region
5 inspected about 40 tribal water systems.
The SDWA charges the underground injection control (UIC) program with protecting
underground sources of drinking water from contamination caused by injection wells.
Through close coordination with the States, the Region achieved its goal of increasing the
quantity and improving the quality of UIC enforcement actions. The number of actions taken
by Region 5 and the States rose from 541 in FY 91 to 591 in FY 92. A total of $461,959 in
penalties was assessed by the Region and the States.
CASE HIGHLIGHTS
REGION 5 AND ILLINOIS EPA USE WATERSHED MANAGEMENT AS AN ENFORCEMENT
ALTERNATIVE
Region 5 continues to work closely with Illinois EPA on innovative solutions to nitrate
contamination in public water supplies. Rather than face Federal administrative orders, 15
public water suppliers sent letters to Illinois EPA committing to improve their services.
Every quarter, Illinois EPA tracks the suppliers' progress towards meeting commitments,
which includes the following: upgrading drinking water treatment systems, notifying the
public of drinking water problems, providing bottled water where necessary, and
coordinating watershed management programs.
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Region Alerts Amish Schools to Drinking Water Problems
In FY 92, Region 5 took action to ensure that all segments of the Amish communities have
safe drinking water. The effort had two goals: to alert the Amish communities to the
importance of monitoring their school's wells for contamination and to make the schools
aware of their responsibilities.
The first complaints were against the Amish schools in Sunnyside and Oak Grove, IN. Both
had many violations of monitoring requirements and exceeded the maximum contaminant
levels for bacteria. The schools agreed to pay penalties and comply. One school stated that
without Region 5's assistance, it would not have realized that its well was in disrepair and
was creating contamination problems.
In re: Aristech Chemical Corp. (Haverhill, OH)
On July 15, 1992, Region 5 withdrew a proposed administrative order issued to Aristech
Chemical Corp. after the company paid a $200,000 penalty to the State of Ohio for violations
of Class I deep injection well permits at its Haverhill facility. This concluded a long series
of enforcement proceedings between Region 5, Ohio EPA, and Aristech. Region 5 first
became concerned when Aristech discovered contamination in the Rose Run Formation while
drilling a third deep injection well. Although a consent decree was entered requiring that
Aristech find the cause of the contamination through monitoring and study, the company did
not comply with this agreement. On March 31, 1991, Region 5 issued a notice of violation
to Aristech, followed by a proposed administrative order on May 15, 1991.
IN RE: SENSI, INC. (MIAMI COUNTY, IN)
A December 11, 1991, administrative consent order to Sensi, Inc. (Peru, IN) called for a
$40,000 fine and resolved financial responsibility and UIC violations. Sensi owns and
operates active Class II underground injection wells in Miami County, some of which are
used as brine disposal wells. Region 5 alleged that the company did not comply with Federal
requirements on financial responsibility and plugging/abandonment plans. Additionally,
Sensi converted one well to an injection well without a permit and operated two wells with
expired permits.
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
The Emergency Planning and Community Right-to-Know Act (EPCRA) contains four major
provisions: planning for chemical emergencies, emergency notification of chemical accidents
and releases, reporting inventories of hazardous chemicals, and toxic chemical release
reporting. Under EPCRA, facilities that manufacture, process, or otherwise use (above a
specified threshold) any of more than 300 listed chemicals and chemical categories are
required to submit annual reports on chemical releases to the environment. U.S. EPA must
ensure that these reports are timely, accurate, and available to the public through the TRI.
The TRI is accessible to the public through the National Library of Medicine, many
university library systems, and some public library systems.
The EPCRA enforcement program targets facilities that have not submitted TRI data.
Another 10 percent of the enforcement program focuses on inspecting the quality and
completeness of the data already submitted to the TRI. In FY 92, Region 5 issued
enforcement actions against 26 facilities. Eighteen cases were resolved with fines totaling
$213,761 - and 12 of these have SEP's as part of the settlement. In addition, the State of
Ohio made a strong showing in EPCRA enforcement by initiating 47 enforcement actions.
CASE HIGHLIGHTS
IN RE: INDUSTRIAL SCRAP CORP. (GARY, IN)
On January 7, 1992, an administrative law judge granted Region 5's request for a decision
on whether Industrial Scrap is a "facility" as described in EPCRA. Industrial Scrap disputed
the definition, claiming it never produced, used, or stored hazardous chemicals. Region 5
produced copies of notification forms that Industrial Scrap submitted to the Agency showing
that it used and stored hazardous chemicals during 1990.
In November 1990, a worker at the facility cut into a 1-ton gas cylinder, believing it to be
empty. Chlorine gas billowed out causing the hospitalization of more than 30 people,
including employees. On September 27, 1991, Region 5 issued a complaint alleging that the
company failed to immediately notify appropriate Federal, State, and local emergency
centers.
IN RE: ELECTROSTATIC FINISHING INC. (MINNEAPOLIS, MN)
An August 17, 1992, administrative consent order resolves Region 5's EPCRA case against
Electrostatic Finishing for failing to submit TRI data on xylene, ethylbenzene, methyl ethyl
ketone, and dichloromethane for 1987 and 1988, and for nitric acid for 1987. The order
requires the company to install equipment to remove and apply coatings. This project,
estimated to cost $178,161, will reduce the use and release of xylene by 44,000 Ib a year,
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ethylbenzene by 11,200 Ib, methyl ethyl ketone by 8,800 Ib, butyl alcohol by 6,800 Ib,
toluene by 4,800 Ib, and dichloromethane by 20,000 Ib. Electrostatic Finishing's combined
use of xylene, ethylbenzene, methyl ethyl ketone, butyl alcohol, toluene, and methyl isobutyl
is limited to no more than 0.61 Ib per Ib of coating applied. The company must also pay a
$10,830 civil penalty.
IN RE: MIDWEST SINTERED PRODUCTS CORP. (RIVERDALE, IL)
On March 4, 1992, Region 5 signed an administrative consent order requiring Midwest
Sintered to pay a $30,550 fine and conduct environmental improvement projects costing more
than $78,000. The projects are designed to eliminate the use and storage of anhydrous
ammonia and to eliminate the need for the trichloroethylene vapor degreaser. Midwest
Sintered also must decontaminate a 10,000-gallon anhydrous ammonia storage tank and
replace it with a 1,000 gallon tank for 1 year. The company must then decontaminate and
eliminate the 1,000 gallon tank. A closed cooling system for noncontact furnace water must
also be installed.
Region 5 issued a complaint against Midwest Sintered in September 1989 alleging that it had
failed to submit TRI data on copper, chromium, trichlorethylene, methanol, and ammonia for
1987. During settlement discussions, Midwest Sintered completed an environmental audit to
develop its proposal on environmental projects.
IN RE: MINERAL MET (CLEVELAND, OH)
An April 24, 1992, CAFO required Mineral Met, Inc., to pay a $130,000 penalty-the
Nation's highest to date for an EPCRA/CERCLA case. Region 5 filed an administrative
complaint against Mineral Met in October 1990 alleging late reporting of 22 hazardous
chemicals stored at quantities above the 10,000 Ib threshold and late submission of TRI data
to the State Emergency Planning Commission, the local emergency-planning committee, and
the fire department for 1987 and 1988.
IN RE: NATIONAL STEEL CORP., GREAT LAKES DIVISION (Zuc ISLAND, MI)
On December 4, 1991, U.S. EPA and National Steel Corp. (Great Lakes Div.) participated
in Region 5's first evidentiary hearing on an EPCRA/CERCLA complaint. The case began
in February 1990 when 2100 Ib of hydrogen sulfide were released from the company's Zug
Island facility over a 2-day period (February 13-14). U.S. EPA alleged that National Steel
failed to immediately notify the appropriate local, State, and Federal agencies as required.
Region 5 has proposed a $100,000 penalty.
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FEDERAL INSECTICIDE. FUNGICIDE. AND RODENTICIDE ACT
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates the production,
sale, and distribution (including import and export) of pesticides, as well as the use of
pesticides by commercial and private applicators. Under the statute, all six States in Region
5 have entered into cooperative agreements with U.S. EPA, thereby making the States
responsible for the bulk of enforcement actions under FIFRA. Some new FIFRA programs,
which are contained in these agreements and are currently under development, include those
designed to protect groundwater, endangered species, and agricultural workers.
Historically, Region 5's enforcement efforts were concentrated on pesticide producers that
failed to file annual production records. However, due to increasing compliance in this area,
in FY 92 Region 5 focused its enforcement efforts towards those who illegally distribute
unregistered, misbranded, or adulterated pesticides. The Region foresees that this new
emphasis on product violations will continue. During FY 92, Region 5 issued a total of 28
civil administrative actions under FIFRA. In addition, 156 warning letters were issued,
primarily for reporting violations. A total of 37 civil actions were settled, with the collected
penalties totaling $156,300.
CASE HIGHLIGHTS
IN RE: BELL LABORATORIES (MADISON, WI)
A March 25, 1992, consent agreement resolved a case against Bell Laboratories involving 31
alleged FIFRA violations. Bell paid a $100,000 fine-the highest FIFRA penalty ever
collected by Region 5. The company also agreed to remove all pesticides cited in the
complaint and not to sell any unregistered pesticide. The company has submitted registration
applications for all unregistered products identified in the complaint.
Bell Laboratories produces and distributes rodenticide products. On February 28, 1992,
Region 5 issued an administrative complaint alleging violations as follows: six violations of a
cancellation order, seven violations of regulations prohibiting the sale or distribution of
unregistered pesticides, 13 violations of regulations requiring the filing of product
information, one violation of selling or distributing a misbranded pesticide, and four
violations of distributing or selling adulterated pesticides.
IN RE: MOLE-MED (LAWRENCEBURG, IN)
On April 23, 1992, a Federal judge granted U.S. EPA's motion for default and imposed a
$39,000 penalty against Mole-Med for failing to answer a FIFRA complaint issued by
Region 5 in July 1991. U.S. EPA alleged that Mole-Med had distributed or sold an
unregistered and misbranded pesticide in several States. The judge ruled that Mole-Med's
one paragraph response denying all allegations was an inadequate "answer."
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TOXTC SUBSTANCES CONTROL ACT
Under the Toxic Substances Control Act (TSCA), U.S. EPA enforces regulations on the
manufacture and commercial distribution of new chemical substances as well as the
import/export of chemicals. Additionally, the Agency ensures that manufacturers properly
generate and report information on the effects of chemicals. Other sections of TSCA
regulate the management of asbestos in schools, the treatment and disposal of highly toxic
PCB's, and the distribution of hexavalent chromium for commercial use in comfort cooling
towers.
A longstanding theme of the Region's TSCA enforcement program has been inspecting
chemical manufacturers. In FY 93, more emphasis will be placed on verifying compliance
with TSCA Section 5(e) requirements to minimize or eliminate human (worker or user)
exposure to both dangerous chemicals and chemicals for which the health and environmental
effects have not been fully established.
Over the past years, enforcing the PCB and asbestos-in-schools programs has been a Federal
reponsibility with the States providing some assistance in inspections. Efforts are now
underway to decentralize both programs and to delegate enforcement authorities to the States.
U.S. EPA staff have trained Illinois EPA, Minnesota Pollution Control Agency, and Ohio
EPA personnel to carry out Federal enforcement policy and to draft civil administrative
actions and notices of noncompliance. U.S. EPA provided a $65,000 decentralization grant
to Illinois EPA to explore options available for enacting State legislation to regulate PCB's
and other chemicals. Another $100,000 was awarded to the Illinois Dept. of Public Health
for enforcing the asbestos-in-schools program.
IN RE: CALUMET BAPTIST SCHOOL (HOBART, IN)
On October 8, 1992, Region 5 entered into a consent agreement with Calumet Baptist
School, Inc., to resolve an asbestos case. Because the school was unable to pay the $4,000
fine, the agreement required the school to institute a program designed to instruct
kindergarten through eighth-grade students on ecosystems and protecting natural resources
and habitats. Region 5 had cited Calumet in February 1991 for failing to notify parents,
teachers, and employee organizations that the school's 1989-1990 asbestos management plan
was available for review.
IN RE: CARGILL, INC., CHEMICAL PRODUCTS Drv. (MINNEAPOLIS, MN)
A March 24, 1992, consent order with Cargill, Inc. resolved Region 4 and 5's administrative
actions alleging TSCA violations. Region 5 issued a complaint on March 27, 1990, alleging
late notice of its intent to manufacture a new chemical substance. Region 4 cited Cargill for
filing a premature notice of manufacture for another new chemical substance.
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IN RE: GOETZE CORP. OF AMERICA (SPARTA, MI)
A February 6, 1992, consent agreement requires Goetze Corp. of American to dispose of
three PCB transformers and replace them with non-PCB transformers. Goetze Corp. agreed
to pay a penalty of $11,234.05. The company spent approximately $12,298 to complete the
disposal plans.
The Region had issued its complaint against Goetze in October 1990. The company was
cited for allegedly storing combustible materials in a PCB transformer enclosure, failing to
mark the means of access to its three PCB transformers located in substations, and failing to
properly dispose of PCB's.
IN RE: HALL-KIMBRELL (IL AND MI)
Region 5 successfully settled the Nation's largest asbestos-in-schools complaint against Hall-
Kimbrell. The company was cited for violations at 160 schools in the Archdiocese of
Detroit. In addition to paying a $160,000 fine and correcting all violations, Hall Kimbrell
reworked about 825 asbestos management plans for schools throughout Region 5 at no cost
to the schools. The rework cost about $2.2 million.
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RESOURCE CONSERVATION AND RECOVERY ACT
Region 5's enforcement of the Resource Conservation and Recovery Act (RCRA), the
Federal hazardous waste management law, continued at a steady pace in FY 92. With more
RCRA authorities delegated to the States, Region 5 is concentrating on enforcing the land
disposal restrictions, corrective action orders, and underground storage tank (UST)
regulations. In FY 92, Region 5 referred seven cases to DOJ for enforcement, entered eight
consent decrees assessing $4,735,000 in total penalties, issued 18 final penalty orders
assessing $748,019 in total fines, and issued 20 administrative penalty complaints. The
RCRA program also had great success incorporating requirements for waste minimization
and SEP's into its settlements.
Region 5 participated in a national initiative to crack down on operators who have evaded
RCRA and handle hazardous waste in an illegal, potentially dangerous manner. One such
administrative case was filed by the Region against an Ohio facility and another five by the
State of Ohio, thereby demonstrating a strong State/Federal partnership.
Region 5 also conducted 533 inspections in Indiana, Ohio, and Wisconsin to ensure that all
facilities which handle wastes newly regulated under the toxicity characteristic rule had
properly notified U.S. EPA of this activity, as required. Preliminary reviews of the
inspections indicates compliance is very high. The State of Illinois conducted 122 similar
inspections, Michigan 439, and Minnesota 60.
CASE HIGHLIGHTS
NORTHWEST INDIANA UST COMPLIANCE INITIATIVE
In Northwest Indiana, Region 5 inspected eight facilities to determine compliance with UST
rules. Two enforcement actions resulted: one against USS-Gary Works and the other against
B&R Oil Co. (Granger). U.S. EPA also gave the Indiana Dept. Environmental Management
a grant to bolster its UST enforcement efforts in Northwest Indiana.
REGION 5 CITES DETROIT, NAT'L GUARD, AND Two COMPANIES FOR UST VIOLATIONS
In June 1992, as part of a concerted effort to improve compliance in Southeast Michigan,
Region 5 cited the owners of numerous public and private facilities for UST violations,
including improper maintenance of tanks that hold petroleum products. Region 5 issued
administrative complaints to three tank owners: the City of Detroit, which faces a proposed
$1.5 million penalty for an alleged 99 violations; Clark Oil and Refining Co., which faces a
$635,237 penalty for an alleged 71 violations; and CHEMCENTRAL/Detroit, which faces a
$608,370 penalty for an alleged 130 violations. Region 5 also issued a notice of
noncompliance to the Selfridge Air National Guard Base, alleging inadequate leak detection
programs for 57 tanks.
28
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IN RE: ASHLAND BRANDED MARKETING (BURTON, OH)
A February 5, 1992, CAFO with Ashland Branded Marketing (a division of SuperAmerica)
levied the Region's largest UST penalty to date-$65,125. Region 5 had issued its complaint
in May 1991 alleging violations of release detection procedures and corrective action
regulations for eight tanks at this facility. Ashland admitted some violations and disputed
others, but the company ultimately approached U.S. EPA to settle for a significantly higher
penalty than the Region's original proposal of $48,364.
U.S. v. BETHLEHEM STEEL CORP. (BURNS HARBOR, IN)
On September 2, 1992, a Federal magistrate issued an order allowing U.S. EPA to inspect
and obtain samples from the Bethlehem Steel plant. The magistrate previously issued an
administrative warrant that the company contested. A Federal judge will decide whether the
evidence obtained under the warrant is admissible in U.S. EPA's pending civil proceeding
against Bethlehem. This is the third order in the Nation to grant access under RCRA while a
civil action is pending.
IN RE: BP OIL Co. (LIMA, OH)
A March 11, 1992, CAFO resolved an administrative action against BP Oil Co. for failing to
file an amended RCRA permit application on time. BP must pay a $88,500 fine and comply
with all RCRA requirements for surface impoundments. Facilities such as BP that treat,
store, or dispose of hazardous waste newly regulated under the toxicity characteristic rule
were required to submit an amended permit application by September 25, 1990. BP had data
showing that benzene was entering the surface impoundment in early September 1990.
IN RE: CID-CHEMICAL WASTE MANAGEMENT OF ILLINOIS, INC. (Bio MARSH, IL)
A May 14, 1992, CAFO requires Waste Management of Illinois, Inc., to pay a $2,650
penalty and carry out an environmental improvement project costing at least $101,000. This
is the Region's first RCRA settlement to incorporate a SEP.
The project involves building and operating a water-control structure within Big Marsh, a
280-acre wetland adjacent to Lake Calumet (Calumet City and Chicago) and near the CID
landfill. The company must develop and carry out a plan (subject to U.S. EPA-approval) to
manage the water-control system.
Proper management of water levels should improve the quality, quantity, and diversity of
vegetation as well as the habitat for wildlife. In addition, removing debris and refuse will
enhance the appearance of the Big Marsh. Region 5 had issued a 1986 complaint against the
company alleging several RCRA violations of groundwater monitoring requirements.
29
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U.S. v. COM-PAK ENGINEERING, INC. AND EUGENE EVANS (MACOUPIN COUNTY, IL)
A May 20, 1992, consent decree requiring an estimated $250,000 worth of work at the
Brighton Landfill settled the Region's 1986 lawsuit. The decree requires the installation of a
groundwater-monitoring system, closure activities, and compliance with RCRA requirements
on closure, post-closure, and liability coverage. The defendants must also pay a $60,000
civil penalty.
Brighton Landfill (a subsidiary of Com-Pak Engineering, Inc.) is a Missouri corporation that
disposed of solid and hazardous wastes in a 43-acre landfill in Macoupin County, IL, until
1985. In September 1984, U.S. EPA issued an administrative complaint against Brighton,
alleging RCRA violations. A September 1985 Federal CAFO resolved matter, but a separate
December 1985 agreement between the Illinois Attorney General and Brighton conflicted
with the Federal CAFO and RCRA requirements. Brighton chose to comply with this State
document (not approved by U.S. EPA or Illinois EPA) - not the Federal CAFO. This
Federal lawsuit was thus filed to secure compliance with the Federal CAFO and RCRA.
U.S., ET AL. v. PRODUCTION PLATED PLASTICS, INC., ET AL. (RICHLAND, MI)
In a February 20, 1992, ruling, the Sixth Circuit established precedent under RCRA for
obtaining injunctive relief upon summary judgment as a matter of law. After trial, this
decision awarded the Agency $1.5 million in penalties plus injunctive relief for post-closure
care valued at an estimated cost of $4 million. The court also ruled that if the owners
(Production Plated Plastics, Inc., Michigan City Plastics, Inc., and Mr. Michael Ladney, Jr.)
failed to properly carry out the post-closure requirements, the court would appoint a receiver
to do so. This sets an important legal precedent that ensures that judgments for the Agency
will be enforced.
In a March 1987 action, U.S. EPA and .the State of Michigan alleged that the defendants had
been operating a surface impoundment and waste pile in violation of RCRA after losing
"interim status" to operate. The complaint further alleged that defendants failed to submit
closure and post-closure plans and were late in starting and completing closure. Other
violations cited were an inadequate groundwater monitoring system and failure to meet
RCRA financial assurance for the facility.
A May 14, 1990, summary judgment concluded that, as a matter of law, the facility had lost
interim status to operate as of November 8, 1985, and that defendants continued to operate
the hazardous waste units after November 8, 1985. On January 24, 1991, the District Court
granted the Government's motion requiring defendants to cany out and complete a State-
approved closure plan, comply with post-closure requirements, and implement a new
groundwater monitoring system. Defendants appealed these rulings to the Sixth Circuit. The
case was remanded to the District Court for trial on the remaining issues of financial
responsibility and civil penalties.
30
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IN RE: VULCAN MATERIALS Co. (PORT EDWARDS, WI)
A March 4, 1992, administrative consent order requires Vulcan Materials Co. to take interim
actions to mitigate any health or environmental threats, perform a RCRA facility
investigation, and if necessary, a corrective measures study. Importantly, this order requires
Vulcan to sample the Wisconsin River and sediments near its facility for mercury
contamination. U.S. EPA estimates that Vulcan will incur about $250,000 in costs under the
order.
Vulcan Materials produces chlorine, sodium hydroxide, and potassium hydroxide using a
mercury cell at its 16.75 acre facility. BASF Wyandotte Corp. owned Vulcan's facility
between 1970 and 1980. In September 1976, 440,000 gallons of mercury-tainted brine
reportedly spilled at the facility. About 300,000 gallons of the substance migrated from the
facilitysome 40,000 gallons of which entered the Wisconsin River. The facility estimates
that about 63 Ib of mercury were contained in the solution that migrated from the site.
31
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CERCLA (SUPERFUND)
Again in FY 92, the "enforcement-first" policy under CERCLA, more commonly known as
Superfund, proved extremely successful. The philosophy behind this approach is to
emphasize enforcement instead of immediately turning to the trust fund to finance cleanup
actions. As a result, up to 70 percent of the RD/RA work to be done under consent decrees
and administrative orders will be carried out by PRP's. Once the ROD is signed, the PRPs
at a Superfund site receive a special notice giving them an opportunity to do the work. Last
year, 11 such special notices regarding RD/RA work were issued. In addition, negotiations
under §122 resulted in the referral to DOJ of nine RD/RA consent decrees.
Some additional Superfund enforcement highlights include:
* 31 ROD'S valued at $350 million in RD/RA work,
* 19 administrative orders issued to PRP's for removal action, accounting for
approximately 25 percent of the new cleanups,
* more than $500,000 in assessed penalties under CERCLA §106(b) for failure to
comply with unilateral administrative orders (UAO's),
* 14 RD/RA consent decrees valued at more than $195 million in remedial work,
* 12 UAO's, valued at about $74 million, issued to PRP's for RD/RA work at
Superfund sites (PRP's have agreed to carry out 11 of these UAO's valued at $50
million),
* 4 additional consent orders, valued at $2 million issued for RD work only, and
* 11 cost recovery referrals sent to DOJ.
A number of innovations were used to speed cleanup actions. For example, a special
mediator used alternative-dispute-resolution techniques to reach an early settlement with a
city, a university, and several private PRP's at the Kummer Landfill site in Minnesota. In
another case, a "de minimis" settlement was signed for the H. Brown site in Michigan before
a remedy was selected, allowing more than 140 minor parties to resolve their liability with
the Government for modest amounts, a few as low as $1. This approach protected the
parties from potentially expensive third-party lawsuits.
In several cases, administrative orders were used to start remedial design work sooner than it
would have been possible with the more time-consuming consent decree process. When
consent decrees were used for RD/RA work, Region 5 required that the RD/RA start as soon
as the decree was lodged in court, rather than waiting several months for the decree to be
entered.
Region 5 also developed a novel concept called "settlement payment splitting." Piloted in
Illinois, penalties collected for EPCRA/CERCLA violations are to be shared with the State
and local governments to bolster their programs and encourage participation in emergency
preparedness programs. This successful pilot project will be extended to other Region 5
States.
32
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CASE HIGHLIGHTS
U.S. V. BASF, ET AL. (GREEN OAK TOWNSHIP, MI)
This August 30, 1992, consent decree calls for the construction of a "closed loop"
groundwater extraction and treatment system. The groundwater must be treated to acceptable
standards before being discharged into the seepage basin. In addition, the decree requires a
RCRA cap to be constructed over a portion of the facility. The decree, valued at an
estimated $12 million, ensures that 100 percent of the Agency's past and future costs will be
paid for by the 10 PRP's.
U.S. v. CPC INTERNATIONAL AND AEROJET GENERAL (MUSKEGON, MI)
On September 1, 1992, a consent decree was signed making Dr. Arnold Ott (the only
individual named as a defendant in this case) pay $250,000 in past cleanup costs. U.S. EPA
settled with Dr. Ott, the original owner of the chemical plant, just prior to trial in 1991.
DOJ had filed a complaint in 1989 seeking reimbursement for past and future cleanup costs
at the Ott/Story/Cordova site against CPC International, Aerojet General Corp. and two
defunct subsidiaries. After the trial, CPC International and Aerojet General were held liable
for the contamination at the site.
IN RE: HIMCO WASTE AWAY SERVICES, INC. (ELKHART, IN)
On June 1, 1992, Region 5 signed a consent order requiring Himco Waste Away Services
Inc., to perform emergency removal actions at the Himco Dump Superfund site. By June 1,
1992, Himco had removed at least 69 leaking drums of solvents. The site, once a municipal
dump, has been on the national priorities list (NPL) since February 1990. An August 1990
RI/FS revealed hazardous substances including organic solvents.
IN RE: MAIN STREET WELL FIELD (ELKHART, IN)
On February 20, 1992, Region 5 issued a UAO to nine PRP's to conduct a cleanup of the
Main Street Well Field site. The cost has been estimated at $1.5 million in construction
costs plus $130,000 in annual operation and maintenance costs. The remedial activities
include soil vapor extraction, installation of interceptor wells, and continued operation and
maintenance of an air stripper. The Main Street Well Field provides approximately 80
percent of the City of Hkhart's drinking water. In 1985, after high levels of VOC's were
discovered in the groundwater, U.S. EPA conducted a RI/FS. An air stripper was then built
to clean up the City's contaminated water supply.
33
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IN RE: ORGANIC CHEMICALS, INC. (GRANDVILLE, MI)
On January 3, 1992, Region 5 issued a UAO for RD/RA work at the Organic Chemicals,
Inc. (OCI) site in Grandville, MI. OCI is a chemical manufacturer that also recycles
solvents. The order called for the approximately 145 PRP's, most of whom were OCI
customers, to install a groundwater pump-and-treat remedy to prevent the migration of
contaminated groundwater from the upper to the lower aquifer. The remedy is estimated at
$5.9 million.
On September 21, 1992, the Region signed a consent order with 100 small contributor PRP's
at the site. This required the PRP's to pay $1,384,714 into a trust account that will
reimburse U.S. EPA for part of its past response costs at the site. A portion of this fund
will also reimburse the major PRP's for remediation costs at the first operable unit of the
site.
U.S. v. PRETTY PRODUCT, INC. AND LANCASTER COLONY CORP. (COSHOCTON, OH)
In December 1991, a Federal judge ruled that U.S. EPA has statutory authority under
§104(e) of CERCLA to ask questions and obtain information from a parent corporation when
its wholly owned subsidiary has disposed of hazardous substances at a CERCLA site.
In attempting to recover past cleanup costs for the City of Coshocton landfill site, Region 5
had issued information requests to Pretty Products, Inc., and its parent corporation and 100
percent stockholder, Lancaster Colony Corp. The information was necessary to detennine if
the parent corporation might be a potentially liable party under CERCLA §107. Both
corporations refused to answer on the grounds that U.S. EPA had overreached its
information-gathering authority. The judge, however, ruled that U.S. EPA may obtain
information on the "ability of a person to pay for or perform a cleanup."
U.S. V. SCHLUMBERGER INDUSTRIES (MARION, IL)
An August 27, 1992, consent decree required Schlumberger Industries to clean up PCB
contamination at the Crab Orchard Wildlife Refuge, located near Marion, IL. The cost is
estimated at between $17,000,000 and $25,000,000, most of which will be borne by
Schlumberger. The remainder will be paid by the U.S. Department of Interior, the site's
owner.
The refuge contains areas that had been leased for industrial uses, including the manufacture
of electrical equipment. Serious contamination problems caused by PCB's, heavy metals,
and VOC's are a legacy of this activity. In 1987, U.S. EPA added the refuge to the NPL.
In 1990, U.S. EPA issued a ROD calling for on-site incineration or vitrification of PCB-
contaminated soils.
34
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U.S. v. WASTE MANAGEMENT OF WISCONSIN, ET AL. (CALEDONIA, WI)
A July 20, 1992, consent decree codifies the agreement between U.S. EPA and 39 PRP's to
perform the RD/RA for the Hunt's Disposal Landfill site at an estimated $21 million cost.
The settling defendants will pay 100 percent of U.S. EPA's past costs and interest ($1.5
million) and conduct extensive pre-design and design investigations and studies. They then
must design, construct, and operate the remedy. This should prevent contaminants from
migrating to nearby residences, a recreational river, and several valuable wetlands and
forests nearby.
U.S. v. WESTINGHOUSE ELECTRIC CORP. AND FELL IRON & METAL, INC.
(BLOOMINGTON, IN)
A March 28, 1992, consent decree requires Westinghouse to pay $887,598~about 95 percent
of U.S. EPA's past costs for work at the downtown Bloomington site. Westinghouse also
agreed to all U.S. EPA's future response costs. Westinghouse and Fell agreed to these terms
despite the fact that U.S. EPA has not yet selected a remedy for disposing of the PCB-
contaminated soil and materials staged at the site. Future response costs will range between
$3 to $10 million.
The Fell Iron & Metal Scrapyard site is the subject of an ongoing removal action. U.S.
EPA's involvement began in 1984 when the Agency conducted emergency removal activities.
As further contamination was discovered, U.S. EPA's excavated approximately 15,000 cubic
yards of PCB-contaminated soils and materials from the site. These soils and materials are
now stored at the site.
35
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APPENDIX A:
ENFORCEMENT SUMMARY TABLES
36
-------
FY 1992 - REGION 5
SUMMARY OF REGIONWIDE
FEDERAL ENFORCEMENT ACTIVITY
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
HERA
TSCA
TOTALS
REFERRALS
18
18
6
7
35
2
2
1
89
CONSENT
DECREES
11
$303,700
5
$1,692,000
1
$9,244
8
$4,735,000
28
$535,000
1
$1,000
54
$7,275,944
ADMIN.
PENALTY
COMPLAINTS
23
16
30
20
N/A"
12
26
28
86
241
FINAL ADMIN.
PENALTY
ORDERS
3
$163,000
12
$586,000
23
$154,590
18
$748,019
N/A*
1
$130,000
18
$224,511
37
$156,300
50
$502,725
162
$2,665,145
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region 5 issued 45 administrative orders.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
-------
FY 1992 - REGION 5
FEDERAL ENFORCEMENT ACTIVITY IN ILLINOIS
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
FIFRA
TSCA
TOTALS
REFERRALS
2
2
1
6
1
1
13
CONSENT
DECREES
2
$35,000
2
$840,000
2
$80,000
3
No Penalties
9
$955,000
ADMIN.
PENALTY
COMPLAINTS
17
4
4
N/A*
4
4
3
20
56
FINAL ADMIN.
PENALTY
ORDERS
3
$163,000
2
$110,000
5
$243,580
N/A*
10
$135,831
9
$20,000
10
$57,750
39
$730,161
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region V issued 3 administrative orders in the State of Illinois.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
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FY 1992 - REGION 5
FEDERAL ENFORCEMENT ACTIVITY IN INDIANA
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
FIFRA
TSCA
TOTALS
REFERRALS
8
3
1
4
1
17
CONSENT
DECREES
2
$780,000
1
9,244
1
No Penalty
5
$20,000
1
9
$809,244
ADMIN.
PENALTY
COMPLAINTS
1
3
2
N/A*
5
7
5
12
35
FINAL ADMIN.
PENALTY
ORDERS
2
$140,000
16
$115,760
4
$130,899
N/A'
2
$9,400
8
$5,500
3
$34,000
35
$435,559
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region V issued 13 administrative orders in the State of Indiana.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
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FY 1992 - REGION 5
FEDERAL ENFORCEMENT ACTIVITY IN MICHIGAN
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
FTFRA
TSCA
TOTALS
REFERRALS
7
2
3
4
14
1
31
CONSENT
DECREES
2
$17,800
3
$4,635,000
14
$515,000
19
$5,167,800
ADMIN.
PENALTY
COMPLAINTS
3
3
27
1
N/A"
2
4
3
19
62
FINAL ADMIN.
PENALTY
ORDERS
2
$61,000
7
$38,830
1
$1,000
N/A*
3
No Penalties
13
$91,491
26
$192,321
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region V issued 19 administrative orders in the State of Michigan.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
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FY 1992 - REGION 5
FEDERAL ENFORCEMENT ACTIVITY IN MINNESOTA
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
FIFRA
TSCA
TOTALS
REFERRALS
1
1
2
CONSENT
DECREES
1
$20,000
1
$20,000
ADMIN.
PENALTY
COMPLAINTS
3
N/A"
6
4
13
FINAL ADMIN.
PENALTY
ORDERS
2
$135,000
N/A"
1
$10,830
4
$3,000
2
$26,400
9
$175,230
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region V issued 3 administrative orders in the State of Minnesota.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
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FY 1992 - REGION 5
FEDERAL ENFORCEMENT ACTIVITY IN OHIO
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
FDFRA
TSCA
TOTALS
REFERRALS
7
4
4
1
16
CONSENT
DECREES
7
$250,900
1
$72,000
1
No Penalty
2
No Penalties
1 1
$1,000
12
$323,900
ADMIN.
PENALTY
COMPLAINTS
2
4
10
N/A*
1
6
5
15
43
FINAL ADMIN.
PENALTY
ORDERS
3
$90,000
7
$358,940
N/A*
1
$130,000
4
$34,450
4
$17,000
15
$276,784
34
$907,174
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region V issued 2 administrative orders in the State of Ohio.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
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FY 1992 - REGION 5
FEDERAL ENFORCEMENT ACTIVITY IN WISCONSIN
STATUTE
CAA
CWA
SDWA
RCRA
CERCLA
EPCRA/
CERCLA
EPCRA
§313
FIFRA
TSCA
TOTALS
REFERRALS
1
2
1
5
9
CONSENT
DECREES
4
No Penalties
4
No Penalties
ADMIN.
PENALTY
COMPLAINTS
1
1
3
N/A"
5
6
16
32
FINAL ADMIN.
PENALTY
ORDERS
1
$50,000
1
$13,600
N/A*
1
$34,000
9
$110,800
7
$16,300
19
$224,700
* U.S. EPA generally does not issue administrative penalty orders under CERCLA. The Agency
does, however, issue orders to enforce compliance or require cleanup actions. During FY 1992,
Region V issued 5 administrative orders in the State of Wisconsin.
** Please note that the monetary values provided in the above chart only include assessed federal
penalties. They do not reflect the costs which U.S. EPA recovered for past cleanup activities
nor the value of remedial action which may be required by the consent decrees and
administrative orders.
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FY 1992 - REGION 5
FEDERAL INSPECTIONS
Statute
SDWA/UIC
RCRA
CERCLA
-(SPCC)
EPCRA 313
'--i-fi-i
FIFRA
TSCA
Illinois
0
10
38*
27
26
44
Indiana
56
10
38*
27
6
37
Michigan
475
15
58
21
4
80
Minnesota
0
5
10
0
0
5
Ohio
0
11
21
8
4
31
Wisconsin
0
8
50
16
2
51
Regional
Totals
531
59
215
99
42
248
* In addition, the State of Illinois also conducted 1 EPCRA/CERCLA inspection during FY 1992.
+ In addition, the State of Indiana also conducted 14 EPCRA/CERCLA inspections during FY 1992.
- During FY 1992, the Federal and State Programs conducted a combined total of 8,705 CWA inspections, regionwide. The breakdown
was as follows: 3186 in IL, 1496 in IN, 957 in MI, 466 in MN, 935 in OH, and 1665 in WI.
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FY 1992 - REGION 5
STATE INSPECTIONS
Statute
i
CAA
CWA*
SDWA/PWS
SDWA/UIC
RCRA
EPCRA 313
FIFRA
TSCA
Illinois
3345
3186
3550
5553
344
0
1088
149
Indiana
1641
1496
900
1216
224
0
940
56
Michigan
807
957
1293
0
468
0
1400
0
Minnesota
672
466
1650
0
293
27
1908
61
Ohio
2070
935
1933
1041
510
116
1426
116
Wisconsin
532
1665
1184
120
227
0
829
97
Regional
Totals
9,067
8,705
10,510
7,930
2,066
143
7,591
479
'Includes Federal and State Program inspections.
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FY 1992 - STATE ENFORCEMENT
CLEAN AIR ACT
Enforcement
Activity
Judicial
Referrals
Judicial
Decrees
Judicial
Penalties
>_. ,,-
Notices of
Violation
Administrative
Orders
Administrative
Penalty Orders
Administrative
Penalties
Illinois
12
5
$198,500
268
0
2
$30,000
Indiana
0
0
$0
32
7
64
$166,876
Michigan
1
0
$0
104
0
28
$3,595,231
Minnesota
0
1
$153,360
32
0
0
$0
Ohio
12
3
$1,266,000
27
0
29
$1,204,236
Wisconsin
8
1
$123,000
160
2
1
$96,076
Regional
Totals
33
10
$1,740,860
623
9
124
$5,092,419
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FY 1992 - STATE ENFORCEMENT
CLEAN WATER ACT
Enforcement
Activity
Judicial
Referrals
Judicial
Decrees
Administrative
Complaints
Final Admin.
Orders
! > , ' .
Final Admin.
Penalty Orders
Total Penalties
Assessed
Illinois
1
23
0
35
1
$343,400
Indiana
2
1
N/A
54
45
$909,055
Michigan
0
2
15
57
15
$867,249
Minnesota
0
1
7
41
4
$827,100
Ohio
9
15
0
13
3
$497,150
Wisconsin
2
4
N/A
N/A
N/A
$462,100
Regional
Totals
14
46
22
200
68
$3,906,054
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FY 1992 - STATE ENFORCEMENT
SAFE DRINKING WATER ACT / PUBLIC WATER SUPPLY
Enforcement
Activity
Case
Referrals
Cases under
Development
Cases Filed
Signed Bilateral
Compliance
Agreements
Notices of
Violation
Admin. Orders
(Non-Penalty)
Illinois
1
0
1
32
424
13
Indiana
0
0
0
0
0
0
Michigan
0
0
0
2
2
3
Minnesota
0
0
0
0
390
0
Ohio
7
81
0
0
1815
48
Wisconsin
0
0
0
0
51
0
Regional
Totals
8
81
1
34
2682
64
* The data for this table was obtained from the Federal Reporting Data System. Due to reporting errors, it may slightly under-represent the
actual number of State enforcement actions taken.
-------
FY 1992 - STATE RCRA ENFORCEMENT
Enforcement
Activity
Judicial
Referrals
Judicial
Decrees
Judicial
Penalties
Administrative
Complaints
CAFOs
Assessed CAFO
Penalties
Illinois
9
0
$0
0
0
$0
Indiana
4
0
$0
19
0
$0
Michigan
3
6
$129,999
1
0
$0
Minnesota
4
0
$0
52
4
$72,000
Ohio
19
9
$294,000
0
21
$104,100
Wisconsin
3
0
$0
0
0
$0
Regional
Totals
42
15
$423,999
72
25
$176,100
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