vvEPA
United States Region 5 EPA-905/9-90-001
Environmental Protect Office of Public Affairs May 1990
Agency 230 South Dearborn Street
Chicago, Illinois 60604
FY 1989
REGION 5
Enforcement
Accomplishments
Report
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Prepared by U.S. EPA Region 5 Office of Public Affairs
and the Office of Regional Counsel.
Office of Public Affairs Writer/Editor. Anne Rowan
Editorial Assistant CorinneKruse
Office of Regional Counsel
Legal Researchers Mary Ann Starus
Joseph Kruth
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TABLE OF CONTENTS
Page
Introduction 1
PROGRAM HIGHLIGHTS
Criminal 1
Clean Air Act 4
Water Programs 6
Clean Water Act 6
Safe Drinking Water Act 8
Toxic Substances and Pesticides Program 9
Waste Programs 11
Superrund 11
Resource Conservation Recovery Act 15
APPENDIX (lists all Region 5 Enforcement Actions for FY 1989)
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U.S. ENVHOWENTAL HOEBCnCN AGQiCY
REGION 5
Enforcement Highlights PY 1989
U.S. Environmental Protection Agency's (U.S. EPA's) enforcement of
Federal environmental laws, nationally and in the Midwest Region, kept up
a record pace during the fiscal year ending September 30, 1989. For the
third year in a row, Region 5 (comprising Illinois, Indiana, Michigan,
Minnesota, Ohio, and Wisconsin) led the nation in civil referrals for
environmental enforcement. Vigorous enforcement of environmental law is
vital to U.S. EPA's credibility and effectiveness.
This summary is a Regional supplement to the national "FY 1989
Enforcement Acconplishments Report," prepared by U.S. EPA's Office of
Enforcement and Compliance Monitoring in Washington, DC. The following
report demonstrates the use of enforcement tools to achieve environmental
results in Region 5.
All told, through effective use of enforcement tools, Region 5:
• referred 87 civil cases to the U.S. Department of Justice
(DOJ) for enforcement;
• resolved 56 civil cases;
• issued 432 administrative complaints;
• obtained 5 indictments through its criminal investigations;
• issued the nation's first administrative orders against
violators of hazardous waste foreign export rules.
"These actions are important because they result in significant
improvements to the environment," said Region 5 Administrator Valdas V.
Adamkus. "U.S. EPA is making polluters comply, clean up, and pay for
administrative and civil violations. And we will not hesitate to
prosecute criminal violators."
CRIMINAL ENFORCEMENT PROGRAM HKHLTGHES
In the early 1980's, U.S. EPA decided the time had come to
aggressively enforce the criminal provisions of the various environmental
laws. Initially, the criminal enforcement program focused its efforts on
the Resource Conservation and Recovery Act (RCRA) because it posed the
highest penalties. Also a heightened national awareness of the severe
damage caused by "midnight dumping" made RCRA enforcement a priority.
U.S. EPA's criminal agents also investigated several violators of
wastewater discharge permits and Toxic Substances Control Act (TSCA)
violators who illegally disposed of PCB's and falsified documents.
As the 1980's continued, U.S. EPA's criminal investigators joined
forces with other Federal and State law enforcement agencies to enforce
environmental law. This cooperation and sharing of expertise led to more
criminal enforcement actions. In the 1990's, the criminal enforcement
program expects more investigations of possible violations of the
"failure-to-notify" provisions of the Comprehensive Environmental
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Response, Compensation, and Liability Act and the Ccraruruty-Right-to-Know
Act (CERdA or Superfund). The Office of Criminal Investigations also
took a closer look at multimedia violations at Federal and municipal
facilities and the individual culpability of those responsible for
ensuring compliance.
Fiscal 1989 marked an important milestone in U.S. EPA's criininal
program, as Congress gave Agency investigators full statutory authority
as law enforcement agents. U.S. EPA investigators may now execute search
warrants, make arrests, and carry firearms as do other full-fledged law
enforcement agents, such as those in the FBI, IRS, and the Drug
Enforcement Administration. Also, thanks to new minimum sentencing
guidelines, criminal violators should now receive mandatory jail
sentences for most types of environmental crime.
Region 5's Office of Criminal Investigations referred 7 criminal
cases to DOJ for enforcement, carried out 5 search warrants, and obtained
5 criminal indictments in Fiscal '89. Following are highlights from
those indictments.
A-l Disposal Corp.. Plainwell, MI
A U.S. EPA investigation into the discovery of 29 barrels of
hazardous waste in an unpermitted salvage yard in Otsego, MI, determined
A-l Disposal, Plainwell, MI, to be the culprit. On April 21, 1989, A-l
Disposal Corp. pleaded guilty in U.S. District Court in Grand Rapids to
illegal disposal of hazardous wastes. The company was fined $200,000 and
required to pay for clean up of the dumped barrels.
Cleveland Hopkins Airport, OH
In May 1989, William N. Bogas, former commissioner of Cleveland
Hopkins International Airport pleaded guilty to two charges: failure to
notify U.S. EPA of the release of a hazardous substance and making a
false statement to the Government. Bogas faces a maximum penalty of 8
years in prison and a $500,000 fine. Ihe case stemmed from an
investigation into the secret burial, in a pit on airport property, of
148 55-gallon drums containing toluene, xylene, ignitable paint wastes,
and assorted other materials. Toluene and xylene are industrial
solvents; all are considered hazardous under CERdA. Ihe drums were
crushed during burial, releasing their hazardous contents. In May 1988,
Bogas told U.S. EPA that only 10 drums — containing only water-based
paints — were buried in the pit.
Finishing Corp. of America Inc., Campbell, OH
Finishing Corp., President John W. Rutana, plant manager John C.
Barnes, and part-owner Richard J. Fiorini were indicted in May 1989 on
Clean Water Act violations. The ccnpany, Rutana, and Barnes were charged
with 18 felony counts, each carrying a maximum of 3 years imprisonment
and a $250,000 fine for individuals, plus a $500,000 fine for the
company. The charge was knowingly releasing inproperly-treated
industrial wastewater into a public sewer system.
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The company, Rutana, and Barnes were also charged with two counts of
knowing endangerment, which carries a maximum penalty of 15 years
imprisonment and a $250,000 fine per count for individuals, plus a
$500,000 fine per count for the company. (Knowing endangerment is
placing another person in imminent danger of serious bodily injury, such
as extreme pain, scarring, or maiming.)
Fiorini, City of Campbell health commissioner, was charged with 18
counts of negligently discharging industrial wastewater in violation of
national standards. Each count carries a maximum of 1 year imprisonment
and a $100,000 fine.
The charges stem from allegations that the Campbell Wastewater
Treatment Plant was subjected to large quantities of strong acids,
alkalies, and detergents. These discharges, alleged to have originated
at Finishing Corp., placed sewage plant workers in danger of death or
serious bodily injury.
Cuyahoga Wrecking Corp., OH
In September 1989, a Federal grand jury in Cleveland returned an
indictment against Cuyahoga Wrecking Corp. and three of its employees for
criminal violations of the Clean Air Act and Comprehensive Emergency
Response, Compensation, and Liability Act (CERdA or Superfund). Charged
along with the company were Paul J. Buckley, Lawrence J. Button, and
Richard W. Salvati. Buckley and Button face 7 years imprisonment and
$700,000 in fines and Salvati faces 6 years imprisonment and $600,000 in
fines. The company faces a maximum penalty of $1,400,000.
The indictment charges that in demolishing the former Youngstown
Sheet and Tube facility (also known as LTV Campbell Works) near
Youngstown, OH, the company and its employees violated Federal asbestos
removal regulations. Specifically, asbestos insulation was removed
without using water to douse the fibers, which created dust clouds.
Workers, who were not trained to handle asbestos, were assured that it
was not hazardous to their health. Those who complained about safety
practices were fired.
Pollution Control Industries of America fPCIA) and Kevin Pruhsky. Alsip.
IL
In June 1989, a Federal judge sentenced PCXA and its president,
Kevin Prunsky, for making false statements to the government regarding a
hazardous waste disposal contract. PCIA and Prunsky were placed on 4-
years probation. Prunsky must also perform 500 hours of community service
and reimburse $53,889.14 to the government. The company was fined
$50,000.
An additional $150,000 fine will be levied if PCIA knowingly
violates environmental laws in the future. Prunsky also must
periodically file a sworn guarantee that the company is in compliance
with environmental laws.
On April 11, 1989, PCIA and Prunsky were charged in U.S. District
Court in Hammond, IN, with two counts of making false statements to the
government. The charges arose from PCIA's handling of benzene wastes
from the defunct Wisconsin Steel plant in Chicago. The U.S. Department
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of Ccmnerce contracted with PCIA to dispose of these hazardous wastes at
a Texas facility. Instead, PCIA took the waste to several other
locations for cheaper disposal.
CLEAN AIR ENFORCEMENT PROGRAM HTGHLiaflS
Air programs made impressive gains during the 1980's, finishing the
decade with considerably strengthened regulations and much-improved
relationships with the States. With forceful direction from U.S. EPA,
major strides were made in improving air quality through State-
established inspection/maintenance programs that forces vehicle owners to
maintain their emissions-control equipment.
While ozone and carbon monoxide remain air quality problems in some
parts of the country, with the ozone problem particularly acute in
Chicago, other air pollutants are considered under control. The
noticeable reduction of lead as a result its removal from most gasoline
is one success story.
The 1990's challenges will be dictated by the Clean Air Act
reauthorization now being debated in Congress. What emerges from these
debates probably will prescribe the course of the Region's air program
into the early part of the 21st century.
Enforcement of the Clean Air Act continued at a high level in
Fiscal 1989 with 25 referrals to DOT, 43 administrative orders and 17
judicial resolutions of cases. The Region also was successful in its
enforcement initiative against violators of National Emission Standards
for Hazardous Air Pollutants (NESHAP) regulation. Sixteen of the 25
referrals were for NESHAPS violations, 29 administrative orders on
NESHAPS were issued, and 3 NESHAPS judicial cases were resolved.
Of particular note is the Region's resolution in bankruptcy court of
the "Matter of Englewcod Hospital," Chicago. The Region was able to
prevent the abandonment of an asbestos-laden former hospital building;
the bankruptcy trustee agreed to remove the asbestos to prevent a
potential public health threat. Following are highlights of significant
judicial resolutions.
U.S. v. Weyerhaeuser, Rothschild, WI
U.S. EPA and Weyerhaeuser entered into a consent decree which
requires the company to install $9,000,000 worth of equipment to
continually monitor and control sulfur dioxide emissions at its pulp and
paper mill. In addition, the company agreed to pay a $20,000 civil
penalty. Weyerhaeuser, the largest employer in Rothchild, emits large
quantities of sulfur dioxide during ten minute pulp digester "blows"
every two or three hours.
Although residents and local elementary school students complained
of sulfur dioxide-associated health problems, the facility did not
violate ambient air quality standards. Therefore, U.S. EPA based this
action on a Wisconsin SIP provision that prohibits sulfur dioxide
emissions in quantities "injurious to human health or welfare."
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Weyerhaeuser agreed to install a desulfurization scrubber and meet
an emission level more stringent than the State or Federal standards.
The company also agree to schedule digester blows at times when the
elementary school children are not at recess.
U.S. y. General Electric Co.. IL
G.E. entered into a joint stipulation in which the company agreed to
shut down all its violating coating lines by mid-1990, implement a
pollution abatement program during the ozone season until the plant is
closed, pay a $150,000 civil penalty, and post a $3 million performance
bond guaranteeing that it will close all of its violating lines.
U.S. v. Louisiana Pacific Corp. Hayward, WI
In this Prevention of Significant Deterioration (PSD) case under
Sections 113 and 120 of the Clean Air Act, Louisiana Pacific agreed to
pay a $120,000 civil penalty and to install control equipment costing
more than $2 million at its waferboard plant. Louisiana Pacific violated
its permit limits on the emission of particulate matter. The company
also failed to secure necessary approval to construct a major
modification at its plant.
U.S. v. LIV Steel Corp., Chicago. IL
U.S. EPA alleged that LTV failed to comply with a limitation on coke
oven door leaks imposed by an April 1979 PSD permit. To settle the
action, LTV agreed to install technologically new doors, door jambs, and
jamb sealing systems which would meet the PSD requirements. In addition,
LTV paid a $337,000 civil penalty.
U.S. v. Queen City Barrel Co., Cincinnati. OH
The Region responded quickly to a Congressional hearing regarding
toxic emissions from the company's drum incineration facility located in
a densely-populated residential and industrial area. An enforcement
action was initiated two days after numerous witnesses testified at a
public hearing that the toxic emissions were causing adverse health
effects in the surrounding area. Under a consent decree, Queen City
Barrel agreed to pay a $25,000 civil penalty and install control
equipment to ensure compliance with the opacity and mass standards limits
by February 28, 1990. The company further agreed to keep records and
make extensive reports to U.S. EPA.
In addition to incinerator problems, the company's paint coating
lines are a source of VDC's, a precursor to ozone. The coating lines must
comply with established limits as well. After inspecting the site, U.S.
EPA concluded that Queen City Barrel was not in violation of VDC
standards. Under the terms of the decree, the company must use pollution
control equipment on its painting lines to achieve compliance beyond what
is required by the State of Ohio.
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VKISR ENFORCEMENT PROGRAMS
During the 1980's, U.S. EPA's primary water enforcement focus was on
ensuring that municipal sewage plants complied with discharge limits for
conventional pollutants. Industrial pretreatment program compliance was
also a major theme, as was the new wetlands enforcement program. By the
late 1980's, enforcement of public water supply provisions had also come
into its own.
Permeating all U.S. EPA's water enforcement efforts is the ever-
increasing commitment to control toxicants in both the water column and
sediments. In the 1990's, the Region will redouble its efforts in this
area, perfect the wetlands enforcement tools developed in the 1980's, and
make inroads in controlling pollution from non-point sources as well as
point sources. The early 1990's will also bring about increased
regulation of radionuclides in public water supplies.
The water pollution control program is often referred to as a
mature program. This should not be interpreted to mean that it is
standing still. In fact, the water program faces tremendous challenges
in the 1990's and, far from stagnating, is in fact dynamic.
dEAN WATER ACT ENKJUCEMENT HKHLIGUiS
The three major thrusts of the water enforcement program in Fiscal
1989 were protection of wetlands, control of toxic discharges, and
implementation of the National Municipal Policy (NMP).
The Region pursued enforcement actions against violators as part of
the nation's initiative to crack down on the wide-spread failure of
municipalities to enforce their industrial pretreatment programs.
Municipalities are required to ensure that their industrial customers
adequately treat toxic pollutants in their wastewater before discharge
through a Publicly Owned Treatment Works (POTW). When industries fail to
do this, the result can be "upsets" and operational difficulties at POTW
because sewage plants are designed to deal only with conventional
pollutants. Toxic pollutants may pass through many POTW's untreated and
often result in large amounts of toxic sludge that cannot be applied to
land farms or disposed of in landfills.
The Region also continued its implementation of NMP by resolving 6
civil actions against facilities that failed to meet the July 1, 1988,
deadline. In total, Region 5 resolved 11 civil actions under the Clean
Water Act and referred 17 enforcement actions, including 4 wetlands
cases, to DOT for prosecution in Fiscal 1989. In addition, the Region
issued 51 administrative orders, including 8 to enforce pretreatment
requirements at POTW and 3 to industrial users; proposed 16 orders
focusing on the priority areas of pretreatment, control or toxicants, and
NMP; and issued 14 final orders for penalties totalling $391,000.
Additionally, Region 5, alleging that serious violations cited in a
1988 lawsuit were continuing, proposed that the USX Gary Works Facility
be suspended from doing business with the Federal government. Following
are highlights of some of the Region's more significant Clean Water Act
cases.
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U.S. v. Roch
A June 1989 consent decree resolved U.S. EPA's lawsuit against Koch
Refining for wastewater treatment violations and required the company to
pay a $2.2 million civil penalty — the largest ever levied against a
single discharger for violations at a single outfall. The U.S. Treasury
will receive $1.54 million of the fine; the Minnesota State Treasury will
receive $460,000; and $200,000 will be used to finance three
environmental projects in Minnesota.
According to U.S. EPA's suit, Koch repeatedly exceeded the limits of
its discharge permit for ammonia, phenols, chromium, total suspended
solids, and biochemical oxygen demand. The decree orders Koch to upgrade
and maintain its wastewater treatment plant, identify and limit its toxic
discharges, and submit to U.S. EPA and the Minnesota Pollution Control
Agency a laboratory quality control and assurance plan. If the decree is
violated, Koch will be subject to stipulated penalties ranging from $500
to $400,000.
U.S. v. Sauget, IL
On March 15, 1989, U.S. EPA filed an interim consent order in U.S.
District Court for the Southern District of Illinois, requiring the
American Bottoms Regional Treatment Facility to add activated carbon to
its secondary-treatment system to reduce the toxicity of its effluent.
The American Bottoms Plant receives more than half of its
wastewater flow from area industries which include Monsanto, Cerro
Copper, Ethyl Petroleum Additives, Big River Zinc, Clayton Chemical,
Trade Waste Incineration, Pfizer Pigments, and Midwest Rubber Reclaiming.
Monitoring reports indicate a 66 percent decrease in the most toxic
pollutants being discharged from the facility to the Mississippi since
the consent order was filed.
In a related action, the Region also filed the first suit against an
industrial user that discharges pollutants into the trouble-plagued
treatment plant in Sauget. In U.S. v. Cerro Copper. U.S. EPA alleged
that the company violated its NPDES reporting and effluent limits for
heavy metals. Because the company has chosen to litigate pretreatment
standards rather than develop pretreatment facilities, more than 300,000
pounds of toxic pollutants have been discharged annually through Cerro
Copper's physical chemical plant to Sauget's American Bottoms Plant.
Consequently, the U.S. EPA alleges that Cerro has more than 50,000
violations of pretreatment requirements and is now liable for a civil
penalty of more than $500 million.
U.S. v. Koppers, Toledo, OH
Koppers operated a coke oven battery that violated the categorical
pretreatment standards for wastewater. In an October 1988 consent
decree, Koppers agreed to pay a civil penalty of $950,000. This is the
largest penalty ever paid by an industrial source for violations of
pretreatment standards at a single plant. U.S. v. Nome Division of
Maytag Corp.. Herrin. IL
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Under a consent decree resolving National Pollutant Discharge
Elimination System (NPDES) permit and pretreatment violations, Maytag
must pay a $300,000 civil penalty. The conpany has also agreed to make
extensive improvements to its wastewater treatment plant and to eliminate
effluent discharges from its outfalls.
The Hoffman Group. Hoffman Estates. IL
An Administrative Law Judge (ALT) issued a ruling that favorably
resolved the Agency's first administrative complaint against a developer
for the unauthorized filling of wetlands. The Hoffman Group was ordered
to pay a $50,000 fine in addition to the $50,000 it has already spent for
mitigation and restoration efforts at the site.
A complaint, issued January 12, 1988, cited the Hoffman Group for
filling 6.2 acres of wetlands in a Hoffman Estates subdivision without
the required permits. Hoffman appealed the complaint through U.S. EPA's
administrative process. After a 15-day hearing, the ALT determined that
5 acres of wetland had been improperly filled. In addition to paying the
fine, the Hoffman Group will be ordered to construct new wetlands to
offset the loss of the filled areas. The ALJ's ruling indicates that
violators will face substantial fines for the unauthorized fill of even
small wetland areas.
USX-Garv Works Facility. IN
In September 1989, Region 5 proposed to U.S. EPA Headquarters in
Washington, DC, that USX Gary-Works be suspended from doing business with
the Federal government. The Region contends that several violations
cited in its October 1988 civil complaint against the facility continue
at the same magnitude and frequency as when the complaint was filed.
Region 5 alleges that the facility is still violating its discharge
permit, continues to illegally bypass its blast furnace wastewater
treatment system, and made direct discharges into the Grand Calumet River
and Lake Michigan.
If placed on U.S. EPA's list of violating facilities, no Federal
Agency would be allowed to enter into, renew, or extend any contract with
the facility for one year. The company disputes the Region's
recommendation .
SAFE HONKING WOSR PROGRAM
During Fiscal 1989, Region 5 also kept a vigorous pace in
enforcement of the Safe Drinking Water Act with 6 proposed underground
injection control orders (UIC) and 9 final orders yielding $36,850 in
administrative penalties. The Region also issued 126 proposed public
water supply orders (up from 33 in Fiscal 88) and 106 final orders (up
from 33 in Fiscal 88) . The Region referred one case to DOT for civil
judicial enforcement and resolved two civil actions.
Following are highlights of two innovative enforcement actions under
SDWA, one judicial and the other administrative.
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U.S. v. Centaur Petroleum. Plainville. IN
An April 1989 consent decree resolved U.S. EPA's lawsuit against
Centaur Petroleum for UIC violations at nine of its injection wells and
required a $55,000 civil penalty, the Region's largest ever for UIC
violations. Centaur also agreed to close 5 of the 9 wells and to comply
with its UIC permits for the remaining 4 wells.
According to U.S. EPA's suit, Centaur had violated UIC regulations
by continuing to operate after losing U.S. EPA authorization. The
company also failed to make a timely demonstration of the mechanical
integrity of its wells. In addition, Centaur continued to inject wastes
after the deadline for the required demonstration had passed.
Nacelle Land and Management Corp., OH
In September 1989, Region 5 issued a penalty order to Nacelle, the
largest brine iitpoundment in the State of Ohio. Earlier, in February,
U.S. EPA responded to a request for action by the State by issuing a
Notice of Violation (NOV) to Nacelle. The NOV alleged that Nacelle
violated the terms and conditions of its permit to discharge brine
underground. This was the first NOV issued in the UIC program upon the
request of a delegated State.
TOXIC SUBSTANCES AND PESTICXEES CONTROL PROGRAM HKHLTGHES
During the 1980's, the Toxic Substances Control Act (TSCA)
program's enforcement efforts were focused on the Asbestos-in- Schools
compliance program and PCB regulations. In the 1990's, the program will
redirect its focus to asbestos inspection-and- abatement contractors
(while continuing the schools programs). U.S. EPA will also begin
enforcing the asbestos ban and phase-out rules. The PCB program will
devote more resources to ensuring proper disposal.
In addition, the Pesticides and Toxics Program has been given new
responsibility for assuring compliance with Section 313 of the Emergency
Planrdrxg/Oaptimunity Right-to-Kncw. U.S. EPA will ensure that all
companies who must report, do so.
The bulk of the pesticides enforcement program has been delegated to
the States since 1979. Region 5's enforcement focus has been on Section
7, failure-to-file-production reports and some misuse cases referred to
us by the States.
The 1988 Amendments to FIFRA will require U.S. EPA to develop new
enforcement programs in the areas of groundwater, endangered species, and
worker protection.
In Fiscal 1989 as in previous years, enforcement of the TSCA and
FIFRA was heavily concentrated in the administrative process. Region 5
issued 85 TSCA complaints and 30 FIFRA complaints. The Region also
concluded 111 TSCA actions with fines totalling $879,205, and resolved 22
FIFRA complaints with fines totalling $23,124.
Two TSCA cases were referred to DOJ for civil judicial enforcement
and two other judicial cases (one FIFRA; one TSCA) were resolved. The
following are highlights of significant administrative hearings, rulings,
and resolutions.
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City of Detroit
A U.S. EPA Administrative law Judge (ALT) issued a precedential
decision in August 1989 in U.S. EPA's enforcement actions against the
City of Detroit for TSCA violations. The ALT found the City liable on
all 17 counts and imposed penalties totalling $264,000 — the largest
ever awarded by an ALJ. Region 5 proved that Detroit violated rules on
PCB disposal, storage, marking, and record keeping at four sites, one of
which is still contaminated. A related civil action, pending in Federal
Court, seeks an order for cleanup of the site.
Continental Chemiste Corp. and Kenneth Kass. IL
Following an administrative hearing under FIFRA, Region 5 entered
into an agreement with the company and Kass requiring a $10,000 civil
penalty for sales and shipments of cancelled and unregistered pesticides.
The company and Kass will be fined an additional $25,000 if they attempt
to register their products for sale again. A related Federal court case
was settled by a consent decree requiring FIFRA compliance.
Akzo Chemicals Co., Ann Arbor Machine Co.. and General Oil Co.. MI
In this trilogy of cases, the companies agreed to settle and pay a
sum total of more that $40,000 in civil penalties and expend more than
$400,000 in cleanup costs. Akzo distributed more than 1,000 gallons of
PCB's from its heat transformer system, in concentrations exceeding
14,200 ppm, to General Oil. Ann Arbor Machine distributed more than 700
gallons of waste oil containing more than 50 ppm PCB's to General Oil Co.
General Oil then processed the PCB waste oils with pure oils and
distributed more than 6,800 gallons of it to Chrysler Motor Corp., which
used it in several of its manufacturing facilities.
The three companies have since properly collected, removed, and
disposed of all the items that were contaminated by the PCB oils. They
have carried out PCB protection programs for screening and sampling of
incoming and outgoing waste oils. General Oil purchased two gas
chromatographs/mass spectrometers and set up an in-house analytical lab
to test for PCB's. Akzo reduced the level of PCB's in its heat transfer
system to below 50 ppm. All three companies now comply with TSCA record
keeping, marking, and storage requirements.
City of Lansing. MI
The City agreed to remove and properly dispose of all (more than
100) PCB transformers at its wastewater treatment plant at a cost of more
than $400,000. The City also removed and disposed of all combustible
materials within five meters of the transformers; registered its
transformers with the local fire department; repaired leaking
transformers; and cleaned up spills to TSCA specifications.
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Conmonwealth Edison. Chicago. IL
A consent agreement requires Commonwealth Edison (ComEd) to comply
with TSCA at such renowned Chicago landmarks at the Tribune Tower,
Monadnock Building, MsCormick Place, Wrigley Building, Merchandise Mart,
University of Illinois at Chicago, and University of Chicago Hospital.
The agreement further requires ComEd to reconstruct its annual
documents from 1978-88 on PCB locations, remove all combustible materials
from transformer vaults, decontaminate several PCB spills, and properly
mark and label PCB items and storage areas. In addition, ComEd agreed to
provide specific electrical equipment and safety training to some Region
5 staff (It is estimated the company will spend $250,000 to achieve
compliance).
Hodag Chemical Corp.. Skokie, IL
In early 1988, U.S. EPA initiated an enforcement action against
Hodag alleging violations of rules for operating a heat transfer system
that contained more than 50 ppm PCB's in the manufacture and processing
of a food, drug, or cosmetic. U.S. EPA's complaint also alleged
violations of the PCB marking and record keeping regulations. Hodag's
defense was that in 1971 or 1972 Monsanto removed PCB oil from its heat
transfer system long before the promulgation of the PCB rules in 1978.
On November 14, 1988, the AU ruled that TSCA established a standard
of strict liability and that a violation may be found even if it is an
unknowing violation. The ALT also ruled that as a matter of law, the
terms PCB and PCB's include monochlorinated biphenyls. Furthermore, the
ALT ruled that when a corporation has information in its files that
triggers a legal duty to act, it cannot escape liability because the
particular responsible corporate official was unaware of that
information. A fine of $14,500 was imposed.
HAZARDOUS WASTE PROGRAMS ENFCBCBfEOT
SUPEKFUND ENFORCEMENT
One of the major goals of the Superfund program is to make
potentially responsible parties (PRP's) carry out one-half of the
necessary cleanup work. Region 5 expects to exceed this goal in the
1990's.
During the mid-1980's, the Region steadily increased the number and
percentage of cleanup studies done by ERP's. As many of these studies
conclude in 1990's, U.S. EPA expects an even greater share of the actual
cleanups to be conducted by PRP's. Region 5 will continue to make
routine use of Section 106 administrative orders in cases where
negotiations on cleanup decisions do not result in timely settlement.
For the next several years, the cost-recovery program will continue
to file increasing numbers of actions. Region 5 also will focus more on
the large dollar value remedial actions started in the mid-1980's.
In the long term, the number of cost recovery cases should level off
somewhat, reflecting the greater number of cleanup actions conducted by
PRP's and more use of alternative dispute resolution.
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In FY 1989, the amount of work done by PRP's increased dramatically.
Fifty percent of all new cleanup studies were done by PRP's, saving the
Superfund approximately $10 million. Sixty-eight percent of all new
remedial actions were done by PRP's. Likewise, during FY 1989, the
Region showed a significant increase in removal actions performed by
PRP's. More than 60 percent of the removal starts were privately
financed. FY. 1989 cost recovery settlements will return $85 million to
the Fund. Region 5 referred 46 CERdA cases to DQJ for enforcement—up
from 18 in Fiscal 1988. The Region accounted for 30 percent (54) of the
nation's referrals and 20 percent (31) of the nation's Records of
Decisions (RDDs).
The trend in increased enforcement activities continued with 21
judicial complaints (up from 9 in Fiscal 1988). The Region's judicial
complaint against Manville Corp., IL, is the nation's first under Section
109 of CERCIA to seek penalties for violations of a consent decree. It
seeks more than $600,000 and sends a clear message to PRP's that U.S. EPA
will closely monitor and enforce its Superfund consent decrees.
Region 5 also resolved 12 CERCIA lawsuits by consent decrees in
U.S. District or Bankruptcy Courts (up from 5 in Fiscal 88). Two cost
recovery cases were settled by consent decree in addition to the six
that were settled by administrative means. As a result of the Region's
intensified cost-recovery efforts, a total of $29 million was collected,
as compared to the $22 million collected in the previous seven years.
The trend toward issuing unilateral orders for emergency removal
clean-up work began in Fiscal 1988 and grew stronger in Fiscal 1989 as
the Region issued 22 Section 106 administrative orders, 14 of which were
unilateral.
The following cases highlight Region 5's Superfund enforcement
efforts.
U.S. v. Outboard Marine Corp., Waukegan. IL
On April 28, 1989, a consent decree ended the litigious 13-year
history of this controversial case which began with the discovery of high
levels of PCB's in Waukegan Harbor. The decree calls for remedial action
including construction of a new slip, dredging of the Upper Harbor,
construction of three containment cells, and extraction of PCB's from
contaminated soils and sediments with off-site destruction.
In keeping with Superfund Amendments and Reauthorization Act (SARA)
mandate for permanent remedies, "hot spots," defined as areas with PCB
concentrations of greater than 10,000 ppm, will be treated by innovative
technology that will reduce PCB concentrations by 97 percent. The
remedial action will thus greatly reduce the existing risks of PCB
exposure on company property and will improve water quality in Waukegan
Harbor, reducing to near zero, the migration of contaminants to Lake
Michigan. The project is estimated to take four years and to cost the
PRP's $20 million.
U.S.. et al.. v. SCA Services of Indiana. Inc.. Fort Wavne. IN
On July 18, 1989, a consent decree was entered in this case which
requires SCA to carry out a $10.2 million cleanup and pay a portion of
12
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U.S. EPA's future costs for overseeing the work. The Fort Wayne
Reduction site was operated as an incineration and reclamation center
from the late 1960's to the mid-1970's.
The remedy includes excavating to remove approximately 4,600 drums
of liquids, installing a groundwater collection system to protect the
Maumee River, installing a soil cover, limiting the future use of the
site through deed restrictions, and the enhancing wetlands at the site.
U.S. EPA continues to negotiate with the 38 other PRP's for recovery of
past costs and a portion of future costs. The State of Indiana also is a
party to the decree.
U.S. v. Thomas Solvent Co, et al.. Battle Creek. MI
On June 5, 1989, a consent decree was entered in this cost recovery
case, after a year of negotiations. Under its terms, Grand Trunk Western
Railroad Co., one of several defendants will pay more than $4.7 million
to the Super-fund (75 percent of U.S. EPA's past costs) and more than
$600,000 to the State of Michigan. Cleanup work to date includes
stabilization of the contaminated groundwater plume with subsequent
protection of the City of Battle Creek's water supply, which has a
capacity of 20 million gallons per day. Thousands of pounds of VDC's
have been removed from the groundwater and soil through a "pump and
treat" system of wells, activated carbon filtration and soil vapor
extraction. Approximately 20 underground storage tanks that leaked VDC's
also have been emptied.
Spieaelberq site. Whitmore Lake, MI
Under a December 1988 consent decree, Ford Motor Co. agreed to a $20
million cleanup to remove extensive paint sludge contamination. The
agreement anticipates a fast cleanup of major contamination to prevent
further contamination of the aquifer. Past costs of $350,000 have also
been recovered.
U.S. v. Velsicol Chemical Corp.. Marshall. IL
Under a September 15, 1989, consent decree, Velsicol agreed to fund
and implement the Remedial Design/Remedial Action at its former chlordane
manufacturing facility. The company will excavate 97,000 cubic yards of
contaminated soils and sediments from the plant production area, surface
irtpoundments, and a creek running through the property. The company will
then chemically stabilize these soils and sediments and consolidate them
in an on-site landfill.
The settlement also resolves a RCRA corrective action order
($65,000 penalty and closure of all active hazardous waste units at the
site are required). The estimated cleanup cost is $9.1 million.
Velsicol also reimbursed U.S. EPA $1.2 million of its $1.6 million in
past costs.
13
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Liquid Disposal Inc.. Shelby Townshi]
A December 1989 consent decree requires the PRP's to pay about $1.94
million in U.S. EPA costs and to carry out a cleanup estimated at $23
million. In addition, U.S. EPA settled with a group of 494 minor
contributors to problems at the site.
Republic Hose Site, Youngstovn. CM
The Region used mediation as an alternative dispute resolution
technique to settle this Superfund cost recovery case. This innovative
settlement allowed U.S. EPA to recover more than 65 percent of its
cleanup costs from the City of Youngstown without suing the financially
beleaguered city.
U.S. y. I. Jones Recycling, Ft. Wayne. IN
The May 1989 de minimis settlement in this administrative case
represents the first use nationwide of U.S. EPA's CERdA authority to
settle with minor contributors for the cost of removal. In the
settlement, 139 parties agreed to pay $2.1 million towards defraying the
past cost of the removal action and towards future removal activities.
The I. Jones site was operated as an interim status hazardous waste
storage and recycling facility from 1980 to 1986. In August 1989, PPsP's
completed work valued at approximately $5 million. Sludges and sediments
were cleaned out of more than 30 tanks, substantial amounts of solvent-
contaminated soil were removed and disposed of, and PCB contamination was
removed from a basement boiler room. Groundwater was also sampled and
determined to be uncontaminated. DOT concurred with the settlement in
July 1989 and a notice was published in the Federal Register on September
5, 1989.
Fieldsbrook Site. Ashtabula. CM
On March 22, 1989, a CERdA Section 106 order was issued to 19 PRP's
requiring them to perform a Remedial Design (RD) for the sediment
operable unit and conduct a Remedial Investigation/ Feasibility Study
(RI/FS) for source control at the site. The site is a stream with highly
contaminated sediments located in an industrial area to which children
have access.
Previously, U.S. EPA conducted an RI/FS that established the need
for removing some contaminated sediment. The Source Control Study will
determine the origin of the contaminants, and then the problem can be
addressed. Six PRP's agreed to perform the work, estimated at $5
million. A lawsuit seeking recovery of all response costs (about
$969,000) as well as attorney's fees and costs, and a declaratory
judgment on liability for any future response costs or damages was filed
on September 29, 1989.
14
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Ninth Avenue Dump. Gary, IN
The Region issued a Section 106 administrative order to about 185
PRP's on December 7, 1988. Fran the early to mid 1970's, wastes
including oil, solvents, paint solvents and sludges, resins, acids, and
various other caustic and flammable materials were disposed of at the
site. Inspectors from the Indiana Board of Health estimated that about
500,000 gallons of industrial waste had been dumped there and about 1,000
gallons buried.
The order requires an interim measure to cleanup an oil layer
floating on the groundwater and abate the immediate threat. The measure
is building a slurry wall around the heaviest groundwater contamination
at the site, and pumping and treating the groundwater.
On January 13, 1989, more than 100 PRP's sent U.S. EPA a Notice of
Intent to Comply with the order and specifically committed to spend $4.5
million for the remedy. This is significant because most of the evidence
against the PRP's was derived from 8 depositions conducted under the new
SARA subpoena authority. Negotiations are in progress regarding possible
settlement for further site cleanup.
On August 17, 1989, another Section 106 administrative order was
issued to about 185 PRP's to perform final remedial actions at an
estimated cost of 22 million. The remedy includes soil flushing,
incineration, and pumping and treating ground water. The PRP's are
complying with the order.
RCRA ENFORCEMENT PROGRAM
In the 1980's, two events had the greatest impact on the RCRA
enforcement program; the final authorization of the Region 5 States' RCRA
programs and the passage of the Hazardous and Solid Waste Amendments
(HSWA) of 1984. When the States received final authorization, most of
the direct implementation of the compliance and enforcement program
shifted from U.S. EPA to the States. U.S. EPA's role has become one of
assisting and overseeing State enforcement programs. HSWA gave U.S. EPA
a significant new enforcement authority — corrective action.
In the 1990's, corrective action will continue to the major thrust
of U.S. EPA's enforcement program. U.S. EPA will also be called upon to
develop new enforcement programs for emerging areas such as medical
waste, pollution prevention, and solid waste disposal. It is likely that
such programs will rely heavily on cooperation between Federal, State and
local agencies.
In Fiscal 1989, Region 5 referred 6 RCRA cases to DOJ for civil
judicial enforcement; 8 RCRA cases were resolved by consent decree or
judgment. The $725,000 civil penalty required by the consent decree
between U.S. EPA and Clow Industries of Ohio was the largest received in
a RCRA judicial settlement to date. The Region also prevailed on every
issue in its RCRA lawsuit against Four County landfill, Rochester, IN.
After a 30-day trial, a Federal judge ordered the landfill closed and
imposed a $2.7 million civil penalty against the owners and operators.
In addition, the Region negotiated 10 corrective action orders, 3
judicially and 7 administratively. The administrative enforcement
program issued 46 complaints and negotiated 35 consent agreements with
15
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fines totalling $831,797 The largest administrative penalty was the
$121,561 in the U.S. Steel Corp., OK, case.
The Region also issued 8 corrective action orders in Fiscal 1989.
Especially noteworthy is the nation's first RCRA/CERCIA order for a
Federal facility, Portsmouth's Gaseous Diffusion Plant, OK.
Region 5 also took the nation's first enforcement actions against
violators of hazardous waste export regulations demonstrating U.S. EPA's
canmitment to ensuring that America's hazardous waste problems are not
simply relocated to other countries. Following are the Region's RCRA
enforcement highlights.
Portsmouth Gaseous Diffusion Plant. Portsmouth. OH
The consent order in this case is the nation's first to combine RCRA.
and CERdA actions for a Federal facility. Under terms of the order, the
U.S. Department of Energy (DOE), is required to conduct a multimedia
investigation at approximately 40 waste units at the plant and perform
the cleanup the release of radionuclides and PCB's leaking from pipes in
several buildings. DOE estimates the cost of the studies and cleanup at
$112.7 million.
U.S. EPA and the State of Ohio coordinated on this matter,
resulting in a parallel State agreement containing requirements
schedules identical to those in the Federal order. The CERCIA authority
included in the order establishes a valuable national precedent on
access, reservation of rights, and other issues. Another precedent is
that both studies and remediation are required; typically CERCIA orders
require one or the other.
United States and STOP. Inc., v. Environmental Waste Control Inc.,
Rochester, IN
On March 29, 1989, U.S. EPA received a judgment against
Environmental Waste Control (EWC) Inc., for improper hazardous waste
management practices under RCRA. EWC began operating in 1972 as a
sanitary landfill. Within one mile of the landfill, private wells
provide drinking water for local residents.
In 1978, the site began accepting hazardous waste for disposal. It
obtained interim status on June 16, 1980. U.S. EPA alleged the following
counts in its suit against Four County landfill:
• Operating the landfill without legal authorization as a result of
false certification of compliance with groundwater monitoring and
insurance requirements;
• Inadequate groundwater monitoring;
• Violating RCRA minimum technology requirements; and
• Releasing hazardous waste constituents to the groundwater
at and around the site.
16
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A Federal judge upheld all U.S. EPA's assertions in the lawsuit,
ordered the landfill to close immediately, and assessed the largest-ever
RCRA civil penalty of $2.7 million.
U.S. v. Glow Water Systems. Coshocton. CM
An August 18, 1989, consent decree required Clow to close a surface
impoundment according to a plan that U.S. EPA reviews, approves, and
oversees and to pay a $725,000 civil penalty — the largest ever for an
out-of-court settlement under RCRA's loss-of-interim-status provisions.
Clow, a division of McWayne, Inc., manufactures iron pipes and fittings.
The company discharged between 500,000 and 1 million gallons a day of
contaminated wastewater into the impoundment.
Clow also must close its drum storage areas and investigate and
clean up releases of hazardous waste constituents. Most significantly,
the court ruled that under RCRA 3008 (h) corrective action could be
required for releases of hazardous waste constituents as well as
hazardous waste.
U.S. v. Alchem-Tron, aka GSX Chemical Services, Inc.. OH
On August 11, 1989, a Federal judge ruled in U.S. EPA's favor by
granting a motion for summary judgement on the issue of GSX1 liability.
As a result, GSX is forbidden to accept waste at its facility, must
submit a closure plan to U.S. EPA, and comply with RCRA financial
responsibility requirements. A hearing on civil penalties is to be
scheduled.
National Standard, Niles, MI v. Adamkus, et al.
On July 17, 1989, the U.S. Court of Appeals for the Seventh Circuit
issued a very favorable decision for U.S. EPA in this case. The
Appellate Court decision upheld U.S. EPA's position that RCRA provides
broad authority to inspect and sample any facility where the Agency has
reason to believe that statutory violations are occurring.
The case began as National Standard sought RCRA permits for two of
its facilities in Niles, MI. The Region proposed a sampling visit to the
which the company objected. National Standard filed a declaratory
judgment action against the Agency and contractors who were to do the
sampling. U.S. EPA applied for and obtained a warrant, and prevailed
against motions for temporary restraining orders and to quash the
warrant. The District Court granted summary judgment in favor of U.S.
EPA in 1988 which the company unsuccessfully appealed.
Hazardous Waste Export Violations. (Illinois and Michigan)
In May 1989, Region 5 issued four administrative complaints against
two Illinois and two Michigan companies and proposed penalties for each
violator. The complaint against Triangle Metallurgical Inc., (Granite
City, IL) proposed a fine of $51,750 and cited the company for sending
hazardous wastes to Viscaya, Spain, without that country's consent. On
17
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December 28, 1988, the company sent its lead and cadmium-cxintaminated
waste by truck to a barge for eventual shipment to Spain.
U.S. EPA also cited Beelman Truck Co. (St. Libory, IL) for
transporting Triangle Metallurgical's hazardous waste. The Agency
proposed a $12,750 fine against Beelman Truck for accepting the shipment
without the required consent form and for other related violations.
Two separate complaints against Dow Corning Corp., Midland, MI, and
Pennwalt Corp., Wyandotte, MI, were issued, as well. In January 1989,
both companies shipped hazardous wastes to Corunna, Ontario, without
Canada's consent. U.S. EPA proposed to fine Dow and Pennwalt $9,500
each. (Canada subsequently granted both companies its consent.)
RCRA requires that generators and transporters obtain the consent of
the receiving country before shipping their hazardous wastes abroad.
Generators must notify U.S. EPA's Office of International activities of
their intent to export hazardous waste. The Office contacts the
receiving country through the Department of State and later notifies the
generator of the receiving country's decision.
18
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AFtHTOEX
-------
Appendix
Table of Contents
Page
I. Clean Air Act
A. Civil Actions Resolved 1
B. Administrative Orders 2
II. Clean Water Act
A. Civil Actions Resolved 3
B. Administrative Orders 4
1. 309 (a) 4
2. 309 (g) 5
a. Proposed Orders 5
b. Final Orders 6
III. Safe Drinking Water Act
A. Civil Actions Resolved 6
B. Administrative Orders 7
1. Public Water Supply Orders 7
a. Proposed Orders 7
b. Final Orders 9
2. Underground Injection Control Orders 12
a. Proposed Orders 12
b. Final Orders an Resolutions 12
IV. Toxics and Pesticides
A. Judicial Cases Resolved 12
B. TSCA Administrative Complaints 13
C. TSCA Compliance Agreements and ALT Orders 16
D. FIFRA Administrative Complaints 19
E. FIFRA Resolutions 20
V. Comprehensive Environmental Response Compensation
and Liability Act
A. Complaints Filed 21
B. Consent Decrees 22
C. Bankruptcy Resolutions 23
D. Administrative Orders 23
VI. Resource Conservation and Recovery Act
A. Ccnplaints Filed 25
B. Consent Decrees/Resolutions 25
C. Administrative Enforcement 26
D. Consent Orders/3008 (h) 28
E. ALT Decisions 28
F. CAPOS 28
-------
I. CLEAN AIR ACT
KEY: VOC = Volatile Organic Compounds
Asb = Asbestos
PM = Particulate Matter
A. Civil Actions Resolved
CASE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Simplicity Mfg. Inc.,
WI.
A.O. Smith, WI.
All-State Wrecking
Co. , MI.
Inland Steel Co. , IN.
Divers itech General
Co., OH.
W.c. Hargis & Son,
IN.
Muskegon Asphalt
Paving, MI.
Teledyne Monarch
Rubber, OH.
Teledyne Monarch
Rubber, OH.
Englewood Community
Hospital, IL.
Best Brick Inc. , OH.
Louisiana Pacific
Corp., WI.
Albar Industries,
Inc., MI.
VLS Insulating Co. ,
IN.
Chrysler Motors
Corp., WI.
LTV Steel Co. Inc. ,
IL.
General Electric, IL.
Queen City Barrel
Co., OH.
Pollutant
VOC
VOC
Asb
PM
VOC
PM
PM
VOC
VOC
Asb
Asb
PM
VOC
Asb
VOC
PM
VOC
VOC
Penalty
$35,000
$50,000
withdrawn
$600,000
$95,000
$10,000
$7,500
$10,000
$10,000
injunctive
relief
withdrawn
$120,000
withdrawn
$10,000
$30,000
$337,000
$150,000
$25,000
Date
10/27/88
11/28/88
12/31/88
2/06/89
2/16/89
2/28/89
3/21/89
5/09/89
5/09/89
5/15/89
5/17/89
5/19/89
5/23/89
5/31/89
6/18/89
7/10/89
7/31/89
9/01/89
Penalty Total = $1,489,500
[Appendix, page 1]
-------
B. Administrative Orders
Case Pollutant
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Wisconsin Asbestos
Specialists, WI.
Buckstaff Co., WI.
Martin Industrial
Insulation, MI.
Quaker Oats, IN.
All-State Wrecking, MI.
City of Monroe, MI.
Owens Corning
Fiberglass, MN.
Marshfield Electric,
WI.
Hamilton Public
Utilities, OH.
Louisiana Pacific
Corp., WI.
lakeland Contractors,
OH
Charles V. Maescher
& Co., OH.
Metro West Partners,
OH.
Villa Associates, Inc,
IL.
Insulation Services
Inc. , MI.
Praefke Brake and
Supply, WI.
Minnesota Hydroblast,
MN.
Hillman Limited
Partners, MI.
Industrial Power
Systems, OH.
Diamondback, OH.
Holroyd Co., MI.
Elbert Bldg. Co.,
Eboni Constr. Co. ,
OH.
Davis Abatement
Services, WI.
Hillman Limited
Partners, MI.
American Decal & Mfg. ,
IL.
Osseo Brake Shoe, MN.
Valley Asphalt, MI.
Asb
PM
Asb
VOC
Asb
Asb
Asb
PM
VOC
VOC
Asb
Asb
Asb
Asb
Asb
Asb
Asb
PM
Asb
Asb
Asb
Asb
Asb
PM
VOC
Asb
Asb
Date
10/26/88
10/26/88
11/22/88
11/23/88
11/25/88
12/27/88
1/05/89
1/20/89
1/31/89
2/15/89
2/23/89
3/06/89
3/13/89
3/15/89
3/23/89
3/24/89
3/31/89
4/11/89
4/17/89
4/17/89
4/25/89
5/09/89
5/16/89
5/19/89
5/25/89
6/09/89
6/14/89
[Appendix, page 2]
-------
Case Pollutant
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
U.
A.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Midwest Environmental Asb
Control, OK.
J & S Asbestos Removal, Asb
MO.
Cuyahoga Metro Housing, Asb
OH.
Valley Asphalt, MI. Asb
Fox River Paper, WI. VDC
Aztec Industries, OH. Asb
Paintyme, OH. VOC
City of Detroit, MI. Asb
Elie Wrecking Co. , OH. Asb
Pitlik & Wick, WI. PM
QC-Packard Electric, Opacity
OH.
K-P Fleet Parts, MI. Asb
Heekin Can\ Quaker VOC
Oats, IN.
Ethyl Petroleum Benzene
Additives, IL.
Loroa Services, Inc. , Asb
IL.
Saf e-T-Environmental , Asb
OH.
CLEAN WATER ACT
Civil Actions Resolved
Case Category Date
Kbppers, OH. Pretreatment(PREIMT) 10/12/88
LTV Steel Tubular PKETMT 10/19/88
Products, MI.
LTV Tubular Products PRETMT 10/19/88
Co., OH.
City of West Chicago Contempt 11/02/88
IL.
City of Oberlin, OH. Discharge 11/21/88
(NPDES)
City of Elyria, OH. NPDES 12/18/88
Sauget, IL. PRETMT/NPDES 3/15/89
City of Rochester, NPDES 4/10/89
IN.
City of LaPorte, IN. NPDES 5/05/89
Metro Council & NPDES 5/15/89
Waste Control, MN.
Auburn Foundry, IN. Wetlands (404) 6/02/89
Koch Refining, MN. NPDES 6/20/89
Date
7/03/89
7/14/89
7/18/89
7/24/89
7/28/89
7/28/89
7/28/89
8/03/89
8/11/89
8/15/89
8/16/89
9/12/89
9/14/89
9/14/89
9/14/89
9/14/89
Penalty.
$950,000
$450,000
$50,000
withdrawn
interim order
$25,000
$25,000
$40,000
$2,200,000
[Appendix, page 3]
-------
Case
Date
13.
14.
15.
16.
B.
City of Bedford, OH.
City of Metropolis,
IL.
City of Cambridge,
OH.
Norge Division of
Maytag Corp. , IL.
Adipi TTI J-Uj-HtivR QrtierF
NPDES
NPDES
NPDES
NPDES
»
6/28/89
6/29/89
8/30/89
9/22/89
Penalty Total =
$27,500
$17,500
$29,000
$300,000
$4,114,000
1. 309 fa)
(Corrective action required/no administrative penalty and no
opportunity for administrative hearing.)
Case
Category
Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Village of Sauget, IL.
Brian Anderson/Village of Chicago
Ridge, IL.
City of Toledo, OH.
City of New Albany, IN.
Armco, Inc., OH.
City of Trenton, MI.
City of Mount demons, MI.
City of Cadillac, MI.
City of Saginaw, MI.
City of Pontiac, MI.
Richland Township, MI.
R.W. Dunteman, IL.
City of Gallipolis, OH.
Hydro Corp. , IL.
Crown Point-WWTP, IN.
Daniel Riedel, IL.
Mt. Vernon, IN.
Robert Krillich, IL.
New Boston Coke, OH.
Federal Mogul, MI.
Stepan Co. , IL.
Morton Thiokol, Inc., IL.
GM-Allison Gas Turbine Div. , IN.
Warner Goerke, MN.
Alyce Olson, MN.
Halverson, MN.
Lac Qui Parle County, MN.
Evansville, IN.
Spartan Aluminum, IL.
Impact Industries, IL.
Richard Breden/Cleveland Wrecking, OH.
Ray Hanmerl/Arlington Park, IL.
404
404
404
404
404
404
404
404
404
404
404
10/05/88
10/12/88
10/28/88
11/03/88
11/07/88
11/14/88
11/14/88
11/14/88
11/22/88
11/22/88
11/29/88
12/07/88
12/14/88
12/19/88
12/22/88
12/22/88
1/06/89
1/25/89
2/01/89
3/02/89
3/09/89
3/15/89
3/15/89
3/24/89
3/24/89
3/24/89
3/24/89
3/30/89
4/14/89
4/14/89
4/25/89
4/25/89
[Appendix, page 4]
-------
Case
category
Date
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
Franklin Thomas Builders, IL.
Executive Builders, IL.
CRL Inc. /Mariners Cove Dev. , IL
James Lingren, IL.
Buchanan WWTP, MI.
Matlar Dev. Corp. , IL.
Mariner's Cove Homeowners Assoc. , IL.
Louis P. White, IL.
George Schmidt & James Kbcinski, IL.
Mariner's Cove, Cal Inc., IL.
City of North Vernon, IN.
Mariner's Cove Dev. Corp., IL.
Trans-Technology Electronics, IL.
IBP, Inc. , IL.
W.H. PFarrer Co. , IN.
Modine Manufacturing Co. , IL.
City of Decatur, IL.
MWRDGC-Stickney, IL.
Bill Farris, IN.
Francis Stempf, WI.
404
404
404
404
404
404
404
404
404
404
404
404
404
4/25/89
4/25/89
5/03/89
5/03/89
5/08/89
5/08/89
5/08/89
5/08/89
5/08/89
5/08/89
5/11/89
5/12/89
6/15/89
6/30/89
7/12/89
7/19/89
8/09/89
8/21/89
9/22/89
9/22/89
2. 309 fq)
(A
administrative penalty and provides opportunity for
administrative hearing.)
(a) Proposed Orders
Case Category
1. City of Kalamazoo, MI.
2. City of Toledo, OH.
3. Armco, Middletown, OK.
4. St. Mary's, OH.
5. Laketon Refining, IN.
6. Cunningham Graphics,
IL.
7. Northeast Ohio
Regional Sewer
District, OH.
8. Portage Realty Corp.,
IN.
9. Casimir Weller, MM.
10. Dillingham-Healy, WI.
11. City of Evansville,
IN.
12. Daniel J. Sterbenz,
IL.
PRETMT
NPDES
NPDES
NPDES
NPDES
PRETMT
NPDES
404
404
NPDES
NPDES
404
Date
10/21/88
11/01/88
11/08/88
2/08/89
3/02/89
3/02/89
6/05/89
6/14/89
7/06/89
Penalty
$125,000
$125,000
$57,000
$125,000
$125,000
$18,300
5/12/89 $125,000
6/05/89 $25,000
$125,000
$125,000
$125,000
8/11/89 $25,000
[Appendix, page 5]
-------
Case
Date
Penalt
13.
14.
15.
16.
Easco Aluminum, OH.
Town of Speedway,
IN.
Detroit Coke, MI.
Impact Industries,
(b) Final Orders
Case
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
in
A.
Triad Circuits, IL.
Deringer Mfg. , IL.
City of Salem, IL.
Eagle-Picher Ind. ,
IN.
Woodstock Die Cast,
IL.
Pony Industries,
(Alsco), OH.
City of Michigan
City, IN.
Basic Electronics,
IL.
Metropolitan
Sanitary District
of Greater Chicago,
IL.
NPDES
NPDES
PRETMT
IL.
Category
PRETMT
PRETMT
NMP-IMP
NPDES
NPDES
NPDES
NPDES
PRETMT
404
City of Roselle, IL. NPDES
Cunningham Graphics
IL.
City of Circleville
OH.
, PRETMT
, NPDES
9/07/89
9/14/89
9/20/89
9/26/89
Penalty Total =
Date
10/11/88
10/31/88
11/17/88
2/02/89
3/09/89
3/21/89
4/20/89
5/11/89
5/25/89
7/12/89
8/09/89
8/28/89
Penalty Total
$125,000
$125,000
$9,600
$55,000
$1,439,000
Penalty
$7,000
$60,500
$10,000
$57,500
$50,000
$20,000
$38,500
$22,500
$5,000
$35,000
$3,000
$25,000
= $334,000
. SAFE DRINKING WATER ACT
Civil Actions Resolved
Case
1.
2.
City of Bethany, IN
Centaur Petroleum
•
Date
12/14/88
4/04/89
Penalty
$500
$55,000
Corp., IN.
Penalty Total = $55,500
[Appendix, page 6]
-------
B. Administrative Orders
1. Public Water Supply Orders
(a) Proposed Orders
case
Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
Oak Grove Amish School, IN.
Sunnyside School, IN.
Countryside School, IN.
Burns City Water Dept. , IN.
Driftside Venture Mobile Home Park, IN.
Pioneeer Village Mobile Home Park, IN.
Woodview Mobile Home Park, IN.
Sunset Trails Apartments, IL.
Millerview School, IN.
Church of God/Christian School, IN.
California Township School, IN.
Walnut Creek United Methodist Church, IN.
Holy Name Schcol/Headstart Program, IN.
Eastlawn School, IN.
Hickory Ridge School, IN.
Kentucky Fried Chicken, IN.
Amish School, IN.
Geneva Water Dept. , IN.
Eastern Bartholomew Water Co. , IN.
Garden City Mobile Home Park, IN.
Elkland Hills Estates Mobile Home
Park, IN.
Hartford City Water Works, IN.
Lear's Mobile Home Court, IN.
Thorntown Utilities, IN.
Ben Mar Chateau, IN.
Bristol Mobile Village, IN.
Kirklin Water Works, IN.
Paddack's Trailer Park, IN.
Bristol Water Dept. , IN.
Three Oaks Mobile Home Park, IN.
Everton Water Co. , IN.
Laurel Water Dept. , IN.
Twin Forks Mobile Home Park, IN.
Fort Branch Water Dept. , IN.
Arcadia Water Dept. , IN.
Cicero Water Dept. , IN.
Switz City Water Works, IN.
South Harrison Water Corp. , IN.
Riverside Trailer Court #1, IN.
Ldncolnshire Mobile Home Park, IN.
Lewisville Water Works, IN.
11/08/88
12/29/88
12/30/88
1/03/89
1/03/89
1/03/89
1/03/89
2/09/89
2/10/89
2/17/89
2/28/89
2/28/89
2/28/89
3/09/89
3/15/89
4/18/89
4/24/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
[Appendix, page 7]
-------
Case
Date
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
Middletown Water Utility, IN.
Stately Manor Trailer Park, IN.
Medora Water Dept. , IN.
Parkview Plaza Mobile Home Court, IN.
Decker Water Works, IN.
Monroe City Water Dept. , IN.
Robinson's Mobile Home Park, IN.
Thunder Hill Mobile Home Park, IN.
Claypool Water Dept. , IN.
Mid Lakes Mobile Home Park, IN.
Mikel Mobile Estates, IN.
Silver Lake Water Dept. , IN.
Suburban Acres Mobile Home Park, IN.
Village Mobile Home Court, IN.
Lakeside Manor Mobile Home Park, IN.
Brock's Mobile Home Park, IN.
Dalecarlia Utilities, IN.
Twin Lake Utilities, Inc. , IN.
41 Ranch Mobile Home Park, IN.
Beechwood Mobile Home Park, IN.
Redwood Mobile Home Park, IN.
Midway Mobile Home Park, IN.
Alexandria Water Dept. , IN.
Edgewood Mobile Home Court, IN.
Orestes Water Works, IN.
Franklin Village Mobile Home Park, IN.
Maple Leaf Park, IN.
Culver Military Academy, IN.
Shoals Water Co. , IN.
Circle Inn Mobile Home Park, IN.
Waveland Water Works, IN.
Brooklyn Municipal Water Dept. , IN.
Paragon Water Works, IN.
Brook Water Works, IN.
Bloomington Water Works, IN.
Routs Water Works, IN.
Pines Trailer Court, IN.
Shorewood Forest Subdivision, IN.
Creekside Court, IN.
Francesville Water Dept. , IN.
Medaryville Water Co. , IN.
Tippecanoe Mobile Home Court, IN.
L and M Regional Water Dept. , IN.
Walkerton Light and Water Dept. , IN.
Waldron Conservancy District, IN.
Eastland Estates Trailer Court, IN.
Merom Municipal Water Co. , IN.
Paxton Water Corp. , IN.
Arbor Village Mobile Home Park, IN.
Elm Grove Mobile Home Park, IN.
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
[Appendix, page 8]
-------
case
Date
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
Hollywood Court Mobile Hone Park, IN.
41 North Mobile Home Park, IN.
Miller's Merry Manor, Inc., IN.
West Lebanon Water Works, IN.
Cairpbellsburg Water Works, IN.
Dublin Municipal Water Works, IN.
Woodview Mobile Horns Park, IN.
Garden City Trailer Court, IN.
Kozy Kburt Mobile Home Park, IN.
Youngkin Mobile Home Park, IN.
Timberlane Estates Mobile Home Park, IN.
Blue Ridge School, IN.
Robbins Public Water Supply, IL.
Jasonville Water Dept. , IN.
Edwardsville Water Co. , IN.
Smith Trailer Court, IN.
Grabill Municipal Water Works, IN.
Forest Ranch Mobile Home Park, IN.
Suburban Utilities-Riverside Isles, IN.
•Suburban Utilities-Baugo Township, IN.
Hidden Valley Mobile Home Park, IN.
Marine Drive Mobile Home Park, IN.
Rosedale Water Works, IN.
Wanatah Water Utility, IN.
Country Estates Mobile Home Park, IN.
The Landings Mobile Home Park, IN.
Pleasant Village, IL.
Esquire Estates, IL.
Edgewood MHP, IN.
South Central Vocational School, IN.
St. Jude School, IN.
Honeybrook Amish School, IN.
Zion Baptist L.S. Church, IN.
Lincoln Amish School #2, IN.
Clinton Christian School, IN.
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
5/31/89
6/06/89
6/06/89
6/06/89
6/09/89
6/09/89
6/09/89
6/09/89
6/09/89
6/09/89
6/09/89
6/09/89
6/09/89
6/09/89
6/20/89
6/22/89
7/05/89
7/12/89
8/11/89
8/11/89
8/31/89
9/15/89
9/29/89
(b) Final Orders
Case
Date
1.
2.
3.
4.
5.
6.
7.
8.
Oak Grove Amish School, IN.
Countryside Amish School, IN.
Sunnyside Amish School, IN.
Millerview School, IN.
Church of God/Christian School, IN.
Woodview Mobile Home Park, IN.
California Township School, IN.
Holy Name School/Headstart Program,
IN.
12/07/88
2/03/89
2/09/89
3/09/89
3/15/89
3/15/89
3/29/89
3/29/89
[Appendix, page 9]
-------
Case
Date
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
Burns City Water Department, IN.
Eastlawn Elementary School, IN.
Hickory Ridge School, IN.
Sunset Trails Apartments, IL.
Kentucky Fried Chicken, IN.
Pioneer Village Mobile Home Park, IN.
Pleasant Village, IL.
Geneva Water Department, IN.
Grabill Municipal Water Works, IN.
Eastern Bartholomew Water Co. , IN.
Garden City Mobile Home Park, IN.
Elkland Hills Estates Mobile Home
Park, IN.
Lear's Mobile Home Court, IN.
Thorntown Utilities, IN.
The Landings Mobile Home Park, IN.
Kirkland Water Works, IN.
Ben Mar Chateau, IN.
Hidden Valley Mobile Home Park, IN.
Bristol Mobile Village, IN.
'Bristol Water Department, IN.
Three Oaks Mobile Home Park, IN.
Everton Water Company, IN.
Edwardsville Water Company, IN.
Laurel Water Department, IN.
Twin Forks Mobile Home Park, IN.
Fort Branch Water Department, IN.
Jasonville Water Department, IN.
Switz City Water Works, IN.
South Harrison Water Corporation, IN.
Lewisville Water Works, IN.
Middletown Water Utility, IN.
Stately Manor Trailer Park, IN.
Medora Water Department, IN.
Waveland Water Works, IN.
Brooklyn Municipal Water Department, IN.
Paragon Water Works, IN.
Brook Water Works, IN.
Creekside Court, IN.
Francesville Water Department, IN.
Medaryville Water Company, IN.
Tippecanoe Mobile Home Court, IN.
L and M Regional Water Department, IN.
Walkerton Light and Water Department, IN.
Waldron Conservancy District, IN.
Merom Municipal Water Company, IN.
Paxton Water Corporation, IN.
Arbor Village Mobile Home Park, IN.
Elm Grove Mobile Home Park, IN.
Hollywood Court Mobile Home Park, IN.
3/31/89
4/11/89
4/18/89
6/12/89
6/12/89
6/28/89
8/01/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
[Appendix, page 10]
-------
Case
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
Miller's Merry Manor, Inc., IN.
West Lebanon Water Works, IN.
Cainpbellsburg Water Works, IN.
Dublin Municipal Water Works, IN.
Tiinberlane Estates Mobile Home Park, IN.
Decker Water Works, IN.
Monroe City Water Department, IN.
Thunder Hill Mobile Home Park, IN.
Mid Lakes Mobile Home Park, IN.
Mikel Mobile Estates, IN.
Silver Lake Water Department, IN.
Village Mobile Home Court, IN.
Brock's Mobile Home Court, IN.
Dalecarlia Utilities, IN.
Twin lake Utilities, IN.
41 Ranch Mobile Home Park, IN.
Beechwood Mobile Home Park, IN.
Redwood Mobile Home Park, IN.
Wanatah Water Utility, IN.
Alexandria Water Department, IN.
Edgewood Mobile Home Court, IN.
Orestes Water Works, IN.
Franklin Village Mobile Home Park,
IN.
Shoals Water Company, IN.
Circle Inn Court, IN.
Smith Trailer Court, IN.
Bloomingdale Water Works, IN.
Rosedale Water Works, IN.
Routs Water Works, IN.
Shorewood Forest Subdivision, IN.
North Mobile Home Park, IN.
Esquire Estates, IL.
Hartford City Water Works, IN.
Riverside Trailer Court No. 2, IN.
Lancolnshire Mobile Home Park, IN.
Claypool Water Department, IN.
Maple Leaf Park, IN.
Marine Drive Mobile Home Park, IN.
Pines Trailer Court, IN.
Eastland Estates Trailer Court, IN.
Garden City Trailer Park, IN.
Kbzy Kburt Mobile Home Park, IN.
Country Square Estates, IN.
Blue Ridge School, IN.
Robinson's Mobile Home Park, IN.
Suburban Acres Mobile Home Park, IN
Lakeside Manor Mobile Home Park, IN.
Forest Ranch Mobile Home Park, IN.
Woodview Mobile Home Park, IN.
8/11/89
8/11/89
8/11/89
8/11/89
8/11/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/16/89
8/18/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/24/89
8/31/89
9/07/89
9/07/89
9/07/89
9/07/89
9/07/89
[Appendix, page 11]
-------
Cas<
1.
2.
3.
4.
5.
6.
^. unaerorouna uneccaon concrojL am
(a) Proposed Orders
a
Price Well Service, IN.
FPI Antrim One, ME.
Nacelle Land & Management
Corp. , OH.
William Becker Oil Producer, IL.
Donahue Oil Co. , IN.
Barnett & Assoc., ME.
(b) Final Orders and Resolutions
Case
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Raymond Hoffman d/b/a
HPR Oil Co. , IN.
Miller Oil, ME.
Sun Exploration & Production,
ME.
Aero Energy, IN.
Ladd Petroleum, ME.
Cimarron, IN.
Robert Peckham, ME.
Heinz Mfg., ME.
Max & Phoebe Hickerson, ME.
Lyle Gilliatt, IN.
psrs
Date
10/05/88
9/21/89
9/29/89
9/29/89
9/29/89
9/29/89
Penalty Total
Date
10/25/88
1/09/89
2/10/89
3/20/89
5/04/89
6/06/89
6/06/89
6/15/89
6/22/89
9/26/89
Penalty
$4,400
$10,200
$125,000
$4,800
$9,000
$1,840
= $155,240
Penalty
$1,350
$4,500
$5,000
$1,600
$1,400
$1,300
$2,200
$20,000
$200
$650
Penalty Total = $38,200
IV. TOXICS AND
A. Judicial Cases Rpsolved
Case
Date
1. Continental Chemiste, IL. (FIERA)
2. American Metals, WI. (TSCA)
12/14/88
8/18/89
[Appendix, page 12]
-------
B. TSCA Administrative Conr>laints
Case
Proposed
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Herman Goddard, IL.
Alpena Fewer Com. ,
MI.
C.E. Basic Maple, CM.
White Consolidated
Ind. , OH.
Eastern Michigan
University, MI.
Central Illinois
Public Service, IL.
Wyandotte Wastewater
Treatment Plant, MI.
Pittsburgh Conneaut
Dock Co., OH.
Birch Machinery, MI.
Bendix Transportation
Mngrat. Corp. , IN.
Brooks Foundry, Inc. ,
MI.
Fairview Riverside
Hospital, MN.
Reichold Chemicals,
IL.
Luria Bros . , MI .
St. Josephs Hospital,
MN.
Hibbing Public
Utilities, MN.
Goodson TSI, Inc., OH.
Ford Motor Co. , IL.
Bronson Methodist
Hospital, MI.
Mead Corp., MI.
Toledo Edison, OH.
Commonwealth Edison,
IL.
Motor Wheel Corp., ME.
Wayne Corp. , IN.
Chicago Public
Schools, IL.
Jess Howard Electric
Co., OH.
General Motors Corp. ,
OH.
Uniroyal Goodrich
Inc., WI.
Quaker Oats Co., OH.
$4,500
$15,625
$45,000
$7,300
$29,000
$25,500
$38,500
$58,750
$23,000
$31,000
$5,000
$6,000
$13 , 000
$19,300
$23,000
$15,500
$70,000
$28,125
$5,800
$43,000
$40,000
$70,150
$5,000
$25,500
$21,000
$5,500
$5,750
$17,500
$45,000
Date
10/07/88
10/19/88
10/24/88
10/24/88
10/27/88
11/04/88
11/05/88
11/07/88
11/10/88
11/10/88
11/16/88
11/17/88
11/18/88
11/21/88
12/05/88
12/05/88
12/07/88
12/08/88
12/12/88
12/23/88
12/27/88
12/29/88
1/05/89
1/12/89
1/31/89
2/15/89
2/17/89
2/23/89
2/28/89
[Appendix, page 13]
-------
Case
Date
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
Indiana Univ. , Purdue
Univ. at Indianapolis,
IN.
National Induction
Heating Co., MI.
Franklin Heating
Station, MN.
Besser Co. , MI.
TRW, Inc., OH.
City of Moraine, OH.
Akzo Chemicals, Inc. ,
MI.
Ann Arbor Machine,
MI.
Centerion Energy
Corp. , OH.
General Oil Co., MI.
Mt. Carmel Hospital,
MI.
Kasle Steel Corp.,
MI.
SCM Corp. , OH.
Chicago Housing
Authority, IL.
Indianapolis Motor
Speedway, IN.
Kelsey Hays Co., MI.
Union Carbide, IL.
Appleton Electric,
IL.
Chemical Waste
Management Inc, IL.
Consolidated Rail
Corp. , OH.
Tremco, Inc. OH.
Tiffany of Bal
Harbor, MI.
Satra Concentrates,
OH.
Satralloy Inc., OH.
City of Cincinnati,
OH.
Metal lubricants Co. ,
IL.
Park Rubber Co. , IL.
Sipi Metals Corp. ,
IL.
Glidden Co. , OH.
$23,850
$6,500
$25,000
$27,500
$27,500
$31,000
$20,300
$6,000
$20,000
$30,000
$22,000
$19,000
$15,000
$6,250
$29,000
$19,000
$3,000
$10,050
$4,474,000
$25,000
$3,000
$19,000
$45,000
$33,000
$11,250
$51,000
$17,000
$92,000
$15,000
3/09/89
3/15/89
3/17/89
4/05/89
4/10/89
4/11/89
4/17/89
4/18/89
4/18/89
4/18/89
4/18/89
4/26/89
4/27/89
5/02/89
5/04/89
5/04/89
5/08/89
5/15/89
5/16/89
5/18/89
5/22/89
5/25/89
6/01/89
6/01/89
6/01/89
6/16/89
6/16/89
6/16/89
6/16/89
[Appendix, page 14]
-------
Case
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
American Colloid
Co., IL.
Sundstrand Corp., MI.
Ohio State University
OK.
UpJohn Co., MI.
S.D. Meyers, OK.
Peoples Gas Light &
Coke Co., IL.
Mortell Co., IL.
Commonwealth Edison,
IL.
General Electric, OK.
West Pullman Iron &
Metal, IL.
Imperial Plating Co.
IL.
Chicago Transit
Authority, IL.
C..P. Hall, IL.
Flint Ink Corp., MI.
Midwest Sintered
Products Co. , IL.
Lawter International
IL.
Martyrs Memorial
Baptist Church, MI.
Mt. Calvary Christian
Academy, IL.
Rudolf Steiner School
of Ann Arbor, ME.
South Side Christian
School, IL.
St. Claire Christian
Academy, IL.
United Pentecostal
School, IL.
West Side Prep
School, IL.
Yeshiva Gedolah
of Greater Detroit, MI.
Calvary Free Academy,
IL.
Community Academy, IL.
Eton Academy, MI.
Proposed Penalty
$17,000
$15,000
$60,000
$771,000
$28,250
$28,000
$60,000
$21,250
$28,750
$35,750
$68,000
$55,000
$663,000
$28,500
$93,000
$150,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
Date
6/27/89
7/05/89
7/07/89
7/10/89
7/11/89
7/25/89
8/07/89
8/21/89
8/21/89
8/21/89
8/23/89
8/25/89
9/14/89
9/22/89
9/26/89
9/27/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
9/29/89
Total Proposed Penalty = $3,741,775
[Appendix, page 15]
-------
c.
and administrative law Judge Orders
Case
1.
2.
3.
4.
5.
6.
7.
-;
j.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
Milwaukee Metro., WI.
General Motors, MI.
Proctor Comm. Hospital,
IL.
International Minerals
& Chemicals, IN.
General Motors-Fisher
Guide, MI.
White Farm Equipment,
IN.
Harshaw Filtrol, OK.
Urbana University/ OH.
General Motors, MI.
Countrymark, Inc. , OH.
Good Samaritan, OH.
Gale-Ettr ick-JIrempealeau ,
WI.
Chemtool, Inc., IL.
Hodag Chemical Corp.,
IL.
Kent Assoc. , IL.
Georgia Pacific Corp.,
MI.
Sauk Prairie S.D. , WI.
Toledo Hospital, OH.
Caterpillar, Inc. , IL.
R.R. Donnelly & Sons, IN.
Northern States, MM.
City of Warren, MI.
Union Pump Co., MI.
Toledo Edison, OH.
City of Jackson, MI.
Amstead Insustries, IL.
Budd Co., OH.
Gladstone Electric Dept,
MI.
College of St.
Catherines, MI.
Dynamic Power Systems,
MI.
Reid Memorial Hospital,
IN.
American Gage and
Machine, IL.
Brooklyn Municipal
Utilities, IN.
Warren Tool Corp. , IN.
HPM Corp. , OH.
Penalty
$3 , 000
$60,000
$10,800
$4 , 200
$3,450
$12,025
$1,000
$3 , 000
$4 , 500
$1,000
$1,000
$550
$6,500
$14,500
$10,380
$6,100
$1,000
0
$7,200
$6,300
$4,500
$1,500
$4,400
$18,000
$4 , 500
$7,350
$12,000
$2,650
$1,000
$1,500
$3,000
$1,000
$2,000
$4,500
$6,500
Date
10/06/88
10/07/88
10/07/88
10/07/88
10/11/88
10/12/88
10/14/88
10/26/88
10/26/88
10/31/88
10/24/88
11/10/88
11/16/88
11/16/89
11/23/88
11/28/88
12/06/88
12/15/88
12/15/88
12/21/88
12/21/88
12/22/88
12/22/88
12/28/88
1/05/89
1/10/89
1/11/89
1/11/89
1/11/89
1/12/89
1/12/89
1/12/89
1/13/89
1/13/89
1/19/89
[Appendix, page 16]
-------
Case
Date
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
Medsker Electric, MI.
Munson Medical Center,
MI.
Village of Marshall
Joint School Dist., WI.
Curnmins Industrial
Center, OH.
Ohio Dept. Youth
Training, OH.
St. Joseph Co. Grange
Assoc. , MI.
City of Cleveland, OH.
Alpena Power Co., MI.
Medusa Corp., MI.
Lansing WWTP, MI.
Schupan & Sons Inc., MI.
Maranatha Baptist
Academy, WI.
Mt. Vernon Distribution
Center, OH.
State of Illinois, IL.
Bronson Methodist
Hospital, MI.
Northwest Airlines, MN.
General Electric, IL.
Rodgers City, MI.
Haynes International,
IN.
Thiem Corp., WI.
City of Petoskey, MI.
National Feedscrew, OH.
Cecos International, OH.
BTL Specialty Resin, OH.
Eastern Michigan
University, MI.
City of Rensselaer, IN.
St. Josephs Hospital, MN.
Reichold Chemicals, IL.
Rospatch Corp., MI.
Oakhill Christian, WI.
Maxwell Communications
Corp. , MN.
Motor Wheel Corp., MI.
Union Carbide Corp. , IL.
Village of Daggett, MI.
Oakland University/ MI.
City of Norway, MI.
Fairview Riverside
Hospital, MN.
$5,000
$1,000
$300
$9,000
$16,000
$2,500
$2 , 000
$7,500
$10,000
$1,000
$2,000
$500
$5,000
$3,000
$500
$8,750
$5,000
$250
$19,250
$1,000
$1,000
$1,000
$1,500
$8,000
$7,500
$500
$9,000
$9,100
$7,000
$200
$4,000
$3,500
$3,000
$5,300
$12,000
$500
$1,200
1/19/89
1/24/89
2/01/89
2/06/89
2/07/89
2/10/89
2/15/89
2/15/89
2/23/89
3/08/89
3/08/89
3/09/89
3/13/89
3/13/89
3/13/89
3/13/89
3/16/89
3/23/89
3/27/89
3/27/89
3/29/89
3/29/89
4/07/89
4/10/89
4/12/89
4/15/89
4/17/89
4/21/89
4/25/89
5/03/89
5/10/89
5/12/89
5/19/89
6/02/89
6/06/89
6/06/89
6/07/89
[Appendix, page 17]
-------
Case
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
Princeton City School
District, OH.
Luria Brothers, MI.
Chemical Industrial
Services, MI.
IL. Air National Guard,
IL.
Bendix Transportation
Management Corp. , IN.
Mead Corp., MI.
United Steel Wire, MI.
Brooks Foundry, Inc, MI.
Dave's Iron & Metal, MI.
City of Marshall, MI.
Resource Services, Inc. ,
OH.
Wyandotte WWTP, MI.
White Consolidated Ind. ,
OH.
Jess Howard Electric
Co., OH.
Delta Properties, MI.
Tipton Group Metro. , OH.
Watervliet Paper Co. ,
MI.
Quaker Oats Co. , OH.
Sealed Power Corp., MI.
Franklin Heating Station,
MN.
Besser Co. , MI.
Morton Thiokol, MI.
Detroit Public Lighting
Dept., MI.
Detroit Water & Sewage
Dept., MI.
Detroit-Old Mack
Stanping Plant, MI.
Detroit-Lynch Road, MI.
National Induction
Heating, MI.
Ohio Edison Co. , OH.
Franklin Iron & Metal,
MI.
Hibbing Public Utilities,
MN.
General Oil Co., MI
Central Illinois Public
Service, IL.
Indiana University, IN.
City of Moraine, OH.
Penalty
$1,200
$7,500
$5,000
$500
$15,000
$15,000
$3 , 500
$500
$200
$1,000
$5,000
$5,000
$5,000
$500
$5,000
$18,000
$29,000
$2,000
$500
$1,000
$9,500
$5,000
$97,000
$75,000
$48,000
$44,000
$1,000
$15,000
$2,500
$4,000
$17,500
$3,500
$2,000
$10,000
Date
6/07/89
6/12/89
7/07/89
7/10/89
7/10/89
7/10/89
7/10/89
7/21/89
7/25/89
7/28/89
8/01/89
8/02/89
8/14/89
8/15/89
8/16/89
8/18/89
8/24/89
8/25/89
8/25/89
8/25/89
8/30/89
8/30/89
8/31/89
8/31/89
8/31/89
8/31/89
9/08/89
9/11/89
9/11/89
9/11/89
9/11/89
9/13/89
9/13/89
9/18/89
[Appendix, page 18]
-------
Penalty
107. American Colloid Co.,
IL.
108. Herman Goddard, IL.
109. Tremco, OH.
110. Elmwood Park S.D., IL.
111. Sundstrand Corp., MI.
$11,000
$500
$1,800
$750
$6,000
9/19/89
9/19/89
9/21/89
9/27/89
9/29/89
Penalty Total = $879,205
Cases
Penalty
Date
1. Chemitrol Chemical Co.,
MI.
2. Fifty-Fifty Corp., IL.
3. Jefco Laboratories, IL.
4. Culligan International Co.,
IL.
5. Hizone Products Inc., IL.
6. Unichem Corp., IL.
7. Instasan Brand, MI.
8. Aids Away, WI.
9. Anderson Development, MI.
10. Axchem, Inc., MI.
11. Carmel Chemical, IN.
12. Grantech Inc., OH.
13. Hako Minuteman Inc., IL.
14. Meadow Gold Dairies, OH.
15. Miriam Collins-Palm, MM.
16. Modern Liquid Fertilizer,
wi.
17. National Distillers
Chemical, OH.
18. Nice-Pak Products, IL.
19. Precision Blend, MN.
20. Repel Products Inc, MI.
21. Sun N Fun Pool Spa Inc, IL.
22. Wendt Laboratories, MN.
23. Wrightco Chemical Co., MN.
24. National Cleaning Co., IL.
25. Rock Valley Oil Chemical
Co., IL.
26. signa Products, Inc., WI.
$34,800
$3,200
$3,200
$3,200
$800
$3,200
$3,520
$3,200
$3,200
$3,200
$1,760
$3,200
$3,200
$3,200
$3,200
$3,200
$3,200
$3,200
$3,200
$3,200
$1,600
$1,760
$6,400
$3,200
$3,200
$3,200
3/28/89
3/29/89
3/29/89
3/29/89
3/29/89
3/29/89
9/12/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/21/89
9/28/89
9/28/89
9/28/89
[Appendix, page 19]
-------
Cases
Penalty
Date
27. Electra Manufacturing Co.,
OK.
28. Feathers Ag Service, IL.
29. Pioneer Manufacturing Co.,
OH.
30. Suhm Laboratories, WI.
$3,200
$800
$3,200
$3,200
Penalty Total
9/29/89
9/29/89
9/29/89
9/29/89
$121,840
E. FlfKA Resolutions
Case
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Fuerst Enterprise, OH.
National Liquid Fertilizer,
IL.
Swanders Farmers Elevator
Co., OH.
Lor ing Laboratories, IN.
Consumers Coop. Exchange,
WI.
Fuerst Enterprise, OH.
Pidd Bros. Farms, MI.
Ken-Line Corp., MI.
Ohio Penal Institute, OH.
Polo Cooperative Assoc., IL.
Ted Watters & Sons, MI.
Liberty Mills Inc. , IN.
London Correctional Institute,
OH.
Russell Technology. , OH.
Tundra Corp. , IL.
Water One, IL.
Markley Farm, MI.
Hizone Products, IL.
Jefco Laboratories, IL.
Unichem Corp. , IL.
Kenneth Kass & Continental
Chemiste Corp. , IL.
Fifty-Fifty Corp. , IL.
Penalty
withdrawn
$3,380
$500
$640
withdrawn
$1,000
$1,000
$480
0
$1,920
$850
0
0
$100
$192
withdrawn
$192
$200
$500
$1,920
$10,000
$250
Date
10/31/88
11/22/88
11/23/88
11/25/88
11/28/88
1/13/89
1/13/89
1/25/89
1/26/89
1/30/89
1/30/89
1/31/89
2/01/89
3/17/89
4/ '24/89
4/27/89
5/15/89
5/23/89
6/28/89
8/04/89
9/27/89
9/29/89
PENALTY TOTAL = $23,124
[Appendix, pa<3e 20]
-------
V. OCMEKEHENSIVE ENVIRONMENTAL RESPONSE OMPENSATION AND
LIABILITY ACT
RD/RA = Remedial Desigr/Remedial Acticn
UAO = Unilateral Administrative Order
RI/FS = R»=inpriial Investigation/Feasibility Study
CD = Ocnsent Order
CR = dost Recovery
104 = Information request
106 = Ocnsent Order
107
122
= Cost Recovery
Settlement Agreement
A. Complaints
NAME AND STATE
DATE
1. Outboard Marine (OMC)/Waukegan, IL
2. U.S. v. PEM Enterprises/
Famulus, MI
3. U.S. v. Ford Motor Co./ MI
(Spiegelberg Operable Unit C.D.)
4.
5.
6.
7.
8.
9.
10
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
IL
U.S. v City of Belvidere,
U.S. v SCA Services/
Fort Wayne Reduction, IN
U.S. v Accra-Pac/Baker/Elkhart.
US v Union Scrap Iron & Metal
US v Velsicol Chemical/Marshall,
US V Robert Ivey (re LDI/Shelby
Township, MI)
. US v Dorsey. et al.. MI
(Rose Township)
US v Bedford Industries, et al.
(Novaco/Tenperance, MI)
BASF Wyarriotte (re LDI/Shelby
Township, MI)
Northside Sanitary LF/
Zionsville, IN
US v Selmer Co. & MacMillan/IN
U.S. Scrap/ IL
U.S. v Louis Wolf/Chicago. IL
(A-Chemical)
U.S. v. Herman Brown/Grand
Rapids, MI
US v Gencorp/Fieldsbrook/
Ashtabula, OH
Arcanum/Iron & Metal/Arcanum, OH
Arrowhead/Duluth, MN
IN
IL
21. Manville/Waukegan, IL
106
107
107
106/107
106/107
106/107
107
106/107
107
107
104(e)/107
104/107/122
104(e)/122
106/107
107
107
107
107
107
107
109
10/07/88
10/06/88
10/17/88
1/18/89
2/22/89
3/09/89
1/13/89
5/18/89
4/18/89
5/26/89
4/06/89
4/18/89
6/09/89
7/31/89
7/25/89
8/02/89
8/18/89
9/29/89
9/25/89
9/29/89
8/04/89
[Appendix, page 21]
-------
B. Consent Decrees
NAME AND STATE
DATE
Value/Recovered Posts
1. Seymour Recycling/ IN 106/107
RD/RA
2. Alburn/So. Side Chicago, IL 107
3. Spiegelberg/Whitmore lake, 106/RD/RA
MI. US v Ford Motor Co.
Operable Unit)
4. Laskin/Jefferson, OH 107
5. Calumet Container/Hammond, 107
IN/Chicago, IL
U.S. v Jaqiella
6. In the Matter of 107
Diamond Reo Trucks/Lansing,
MI.
7. US v City of Belvidere 106/107
Belvidere Municipal RD/RA
Landfill/IL
8. US v Speed-0-Lac Chemicals/ 107
Grand Trunk, MN
(Isanti)
9. US v Thomas Solvent Co./Battle 107
Creek, MI
10. Calumet tontainer/Hammond, 107
IN/Chicago, IL
U.S. v Jaaiella
(Amended Consent Decree)
11. Outboard Marine (CMC)/ 106
Waukegan, IL RD/RA
12. US v Wausau/ WI 107
13. Fort Wayne Reduction, IN 106 RD/RA
(U.S. v. SCA Svcs. of IN)
14. US v Akzo Coatings, et al.. 106
MI (Rose Township) RD/RA
15. US v Rasmussenf MI 107
(Ford/Chrysler)
16. Thomas Solvent/Grand Trunk/ 107
Battle Creek, MI
17. US v Velsicol Chemical Co. 106 RD/RA
Marshall, IL
12/01/88
18M/6.5M
10/21/88
/161M
12/28/88
20M/900K
3/03/89
_/l-47M
3/15/89
'388K
4/07/89
'300K
4/12/89
7.8M/450K
4/03/89
/876K
6/05/89
_/4.7M
6/20/89
'37K
4/28/89
20M/__
7/27/89
_ /395K
7/18/89
7/18/89
12M/
8/15/89
'530K
8/24/89
_/4.7M
9/15/89
9M/1.2M
[Appendix, page 22]
-------
C. Bankruptcy Resolutions
NAME AND STATE
Ocpplaint/Action DRTE
Value/Recovered costs
1. Allis Chalmers
(Ninth Avenue/US Scrap/
Gary, IN)
2. Oliver Machinery Company/
Grand Rapids, MI
(Folkertsma Refuse Site)
3. LDI/Shelby Township, MI
U.S. v Diamond Reo
4. L&S Industries/Cleveland, OH
ND OH
D. Administrative
107
Settlement,
Bank. Court
107
Stip.,
WD MI
107
Settlement,
Bank. Court
Stip.,
$4 OK
12/88
3/21/89
'300K
7/13/89
(toward cleanup)
NAME /STATE
TYPE OF
DftTE
1. Ninth Avenue Dump/Gary, IN
UAO
2. Fisher-Calo/LaPorte, IN
3. Continental Chemical Co./
Terre Haute, IN
4. Thermo-Chem, Inc., MI
5. Carter Industries/Detroit, MI
6. Louis Harbor Property/Troy, OH
7. Glaze Plating/Elyria, IN
8. Ilada Energy Co./
Cape Girardeau, IL
9. St. John's, Inc. /Cadillac, MI
10. Allied Chemical, Ironton/ OH
11. Fieldsbrcok/Ashtabula, OH
12. Reilly Tar, OH
13. Bendix/St. Joseph, MI
14. Lakeland Disposal/Claypcol , IN
15. Spectra-Chem, IL
16. NPI (Eau Claire Muni. Wellfield,
WI)
106 RD/RA
106/removal
UAO
106/removal
UAO
104/access
106/removal
106/removal
106/removal
106/removal
UAO
106/removal
106 RD/RA
106/RD
106/
122
RI/FS
122
RI/FS
122(h)/CR
106/rerooval
UAO
12/07/88
12/13/88
12/29/88
1/09/89
1/24/89
1/25/89
2/10/89
2/15/89
3/16/89
3/09/89
3/22/89
3/29/89
2/13/89
3/31/89
4/19/89
4/25/89
[Appendix, page 23]
-------
NAME /STATE
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
Ilada Energy Co./
Cape Girardeau, IL
National Presto Industries/
Eau Claire, WI
Chicago Industrial Waste
Haulers/Alsip, IL
Cannelton Industries/
Sault St. Marie, MI
Westinghouse Plant/
Bloomington, IN
Enginuity, Inc. /Albany, IN
Mason County Landfill, MI
Allied-Signal, Inc./Vincennes,
IN (Prestolite Battery Site) CO
Republic Hose, OH
R & J Trucking/Princeton, IN
Bowers Landfill, OH
St. Johns, Inc. /Cadillac, MI
(Amended Order to Additional PRPs)
Ihermo-Chem/Muskegon, MI
US Scrap, IL
McCarty Bald Knob LF/
Mt. Vernon, IN
Triple J Auto Ranch/Gary, IN
Ninth Avenue Dump/Gary, IN
Rasmussen, MI
CO
Group Eight Technologies/
Wyandotte, MI
Reilly Tar, OH
Denune/West fall/Springfield, OH
Cam-Or/Westville, IN
Warsaw Chemical Co. /Warsaw, IN
I. Jones/Gary, IN
(Covington Road)
Blackwell Forest Preserve/
TYPE OF
ORCER
122
RI/FS
106/122/
removal/
remedial/
Op. Unit
106/removal
UAO
106/removal
UAO
106/removal
UAO
106/removal
UAO
106 RD/RA
UAO
106/removal
122(h)/CR
122(h)/CR
106 RD/RA
UAO
106/removal
104/access
122(h)/CR
122/RI/FS
106/removal
UAO
106 RD/RA
106/removal
106/removal
UAO
106/RI/FS
106/removal
106/removal
UAO
106/removal
CO
106/removal
UAO
106 RI/FS
VKTE
4/26/89
4/26/89
4/09/89
4/25/89
5/03/89
5/04/89
5/10/89
5/10/89
6/15/89
6/19/89
6/30/89
6/30/89
7/12/89
7/21/89
7/22/89
8/25/89
8/25/89
8/28/89
9/08/89
9/11/89
9/13/89
9/18/89
9/21/89
9/19/89
9/22/89
IXiPage Co., IL
[Appendix, page 24]
-------
NAME AND STATE
TYPE
DATE
42. United Scrap Lead/Troy, OH
43. Yeoman Creek/Waukegan, IL
44. Valleywood, OH
122(h)/CR
106 RI/FS
122(h)/CR
9/26/89
9/28/89
9/30/89
VI. RESOURCE CONSERVATION AND RECOVERY ACT
IDIS = Loss of Interim Status
CAPO = Consent Agreement/Final Order
3005(e) = Violation of Interim Status Standards
3008 (h) = Corrective Action Order
A. Ccnplaints
NAME AND STATE
1. Daelyte Service Co., MI
(enforcing Administrative
Default Order)
2. US v Quemetco, et al./
Indianapolis, IN
3. Envtl. Control Services/
John Barnum/wyoming, MI
4. Erie Coatings & Chemicals/
Erie, MI
B. Consent Decrees/Resolutions
dnt/Action
3008 (C)
3005 (e)/
IDIS,
3008 (h)
3008 (a)
DATE
12/27/88
2/06/89
3/24/89
(CAPO violations)
3008
7/07/89
NAME AND STATE CCmDlaint/Action
1.
2.
3.
4.
5.
6.
7.
8.
U.S. Ceramics, OH
Avesta/Indianapolis, IN
Polysar/Cleveland, OH
Four County Landfill/
Rochester, IN
US v Quemetco, et al./
Indianapolis, IN
US v Modern Plating/
Freeport, IL
Allegan Metal Finishing/
Allegan, MI
US v Clow Water Systems/
Coshocton, OH
3005 (e)/
LOIS
3005 (e)/
LOIS
3005 (e)/
3008 (h)
IDIS
3005 (e)/
IDIS,
3008 (h)
3005 (e)/
IDIS,
308(h)
3005 (e)/
IDIS
3005 (e)
3005 (e)/
IDIS
DATE
11/27/88
12/07/88
1/26/89
3/29/89
Court 0]
closure
C¥Yr~ir&r*t'
t»XJ.i. i. \^^ I*.
4/14/89
4/18/89
8/01/89
8/18/89
action
[Appendix, page 25]
-------
C. jvfrni ni gbrative
CASE NAME/STATE
1. Key Terminals/Kewaunee, WI
2. Granville Solvents/Granville,
OH
3. Diamond Chain Co/Indianapolis,
IN
4. U.S. Army Soldier
Support Center/
Fort Harrison, IN
5. Eaton Corp./Saginaw, MI
6. Pierce Chemical Co./Rockford,
IL
7. American Metals/Westlake, OH
8. Amoco Performance/Marietta, OH
9. Chemical Waste Mgmt./Vickery,
OH
10. Safety-KLeen/Elgin, IL
11. Westinghouse Materials
Fernald, OH
12. NOR-AM Chemical/N. Muskegon,
MI
13. Midland Painting Co. /Midland,
MI
14. Koppers Co./Youngstown, OH
15. Wyckoff Steel/Plymouth, MI
16. Envirosafe Svcs. /Oregon, OH
17. Laclede Steel/Alton, IL
18. OH Dept. of Natural
DATE
ISSUED
10/31/88
11/10/88
11/25/88
12/06/88
12/16/88
12/29/88
1/04/89
1/05/89
1/13/89
2/03/89
2/09/89
3/06/89
3/20/89
3/23/89
3/31/89
4/07/89
4/10/89
4/11/89
HOPOSED
PENALTY
$27,360
$25,000
$13,000
None
(Notice of
Noncompliance)
$23,375
$3,150
$69,655
$31,500
$5,000
$102,500
$196,000
$18,250
$24,750
$50,385
$176,700
$57,500
$37,250
$29,000
Resources/Cowan Lake State Park/
Wilmington, OH
19. P.T. Components/Indianapolis,
IN
20. Amoco Oil Company/ IN
(Whiting Refinery)
21. Triangle Metallurgical,
Granite City, IL
22. Beelman Truck/St. Libory, IL
23. Dow Corning/Midland, MI
(export regulations/RCRA 3017)
24. Pennwalt Corp./Wyandotte, MI
25. Vulcan Materials/Madison, WI
26. US Naval Air Station/Glenview,
IL
27. Aero Services/Springfield, IL
28. Teledyne Monarch Rubber/
OH (Amended Ccnplaint)
4/24/89
4/25/89
4/26/89
4/26/89
4/28/89
4/28/89
5/04/89
5/08/89
5/08/89
5/16/89
$19,000
$106,000
$51,750
$12,750
$9,500
$9,500
$9,000
none
$47,000
$51,900
[Appendix, page 26]
-------
CASE NAME/STATE
DATE
PROPOSED
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
Stout Storage Battery/Muncie,
IN (Amended Complaint)
Essex Group/Rockford, IL
Hardin County/Kenton, OH
National Standard/Lake St./
Niles, MI
National Standard/8th St./
Niles, MI
Crane Plumbing/Alliance, OH
Century Resources/ Alsip, IL
Roll Coater/Kingsbury, IN
Dara/Robinson, IN
(Amended Coirplaint)
Birch Run Welding/Birch Run,
MI
Urschel Labs/Valparaiso, IN
Marley-Ingrid/N. Chgo. , IL
American Chemical Svcs./
Griffith, IN
GSX Chemical Svcs. /Cleveland,
OH
Midcon Paving/Alexandria, MN
Midcon Paving/Saulk Ctre. , MN
Waste Technologies/
East Liverpool, OH
Universal Tool & Stamping/
Butler, IN
Miles, Inc./Elkhart, IN
Northwestern Steel & Wire/
Sterling, IL
Ohio Waste Systems/Evergreen/
Northwcod, OH
Pennwalt Corp./Wyandotte, MI
Ross iTK^ineration/Northwood,
OH
Waste Mgmt. of IL/Elwood, IL
ISSUED
6/06/89
6/06/89
6/13/89
6/13/89
6/13/89
6/16/89
6/22/89
6/26/89
6/19/89
7/10/89
7/14/89
8/01/89
8/04/89
8/04/89
8/14/89
8/14/89
8/14/89
9/18/89
9/20/89
9/22/89
9/22/89
9/23/89
9/29/89
9/29/89
PENAIIIY
$70,000
$41,500
$45,000
$25,000
$21,800
$54,500
$46,250
$500
$26,550
$39,000
$9,500
$88,750
$116,300
$120,000
$9,500
$9,500
$9 , 500
$9,500
none
$54,500
$132,469
none
$60,000
$205,625
Total Proposed Penalty = $2,402,019
[Appendix, page 27]
-------
D. Ocnsent Orders/3008 (h)
CASE NAME/STAIE
1. Reserve Environmental Svcs.,
OH
2. Stanley Works/Fowlerville, OH
3. Peterson-Puritan/Danville, IL
4. Safety-KLeen, OH
5. Ekco Housewares/Massillon, OH
6. Reilly Tar, OH
7. Firestone, IN
8. Gaseous Diffusion Plant/
Portsmouth, OH
(both RCRA and CERdA 106(a))
DAIE
ISSUED
12/09/88
12/29/88
12/29/88
3/16/89
3/25/89
9/11/89
9/11/89
9/27/89
- to DOJ
for concurrence
E.
Decisions
CASE NAME
DA3E
1. Venture Industries, MI
2. Fair Haven Plastics/
Fair Haven, MI
F. CAFOS
4/27/89
4/27/89
DA3E
1.
2.
3.
4.
5.
6.
7.
8.
9.
Triangle Metallurgical/
Edwardsville, IL
Anderson Co. /Michigan City,
IN
Dick Chambers Auto Body/
Essexville, MI
Cyclops Corp. /Cleveland, OH
(E.G. Smith Div.)
LTV Steel/Canton, OH
Cabot Corp./Tuscola, IL
Eli Lilly & Co. /Indianapolis,
IN
U.S. Steel Corp./Ironton, OH
(USS Chemicals Div.)
PVS Chemicals/Chicago, IL
10/11/88
10/19/88
10/31/88
10/31/88
12/08/88
12/09/88
12/21/88
12/27/88
1/12/89
FINAL ASSESSED
PENAUY
135,000/
55,000
9,500/
4,750
13,920/
11,000
94,700/
7,500
40,750/
40,750
23,100/
17,000
50,000/
45,000
121,561/
121,561
9,000/
9,000
[Appendix, page 28]
-------
CASE NAME/STATE
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27,
28.
29.
30.
31.
32.
Chemical Waste Management/
Vickery, OH
Stalker Corp./Essexville, MI
St. Louis Lead Recyclers/
Granite, IL
Saran Protective Coatings/
Detroit, MI
Dundee Cement Co. /Dundee, MI
Reliable Equipment Corp./
Grand Rapids, MI
GE/Morris, IL
Fort Recovery/Fort Recovery,
OH
Federated Metals/Whiting, IN
Wickes/Greensburg, IN
CEOO Corp. /Oak Brook, IL
Beecham Products/Strebor, MI
Sterling Drug/Cincinnati, OH
Marathon Petroleum/Robinson,
IL
Foster Wood/Indianapolis, IN
E.I.DuPont Denemours/
Circleville, OH
Mason Metals/Schererville, IN
Diamond Chain/Indianapolis, IN
Pierce Chemical/Rockford, IL
Dow Corning/Midland, MI
(RCRA 3017/export violation)
General Motors/IaGrange, IL
Key Terminals/Kewaunee, WI
(Waste Oil as Fuel)
Ekco Housewares/Massillon, OH
DAIE
1/13/89
1/18/89
1/20/89
2/21/89
2/21/89
2/21/89
2/21/89
2/24/89
2/01/89
3/23/89
3/30/89
4/21/89
4/21/89
4/28/89
4/28/89
5/15/89
6/05/89
6/09/89
6/13/89
6/21/89
7/19/89
7/19/89
8/02/89
PROPOSED/
FINAL ASSFR^nn
PENAUY
5,000/
5,000
15,500/
11,000
88,500/
56,500
8,750/
8,750
27,200/
21,500
2,000/
2,000
15,250/
15,250
42,589/
32,000
7,550/
6,0009
23,500/
15,000
18,000/
18,000
none
24,550/
15,575
16,550/
15,000
90,311/
80,000
39,71V
39,711
36,000/
36,000
10,625/
9,625
3, ISO/
3,000
9,500/
8,000
2,437/2,437
11,760/
11,760
55,478/
55,478
[Appendix, page 29]
-------
CASE NAME/STME
DME
FBDPOSED/
33. Dana Corp./Indianapolis, IN
34. FT Conponents, IN
35. Brovniing-Ferris/Rockford, IL
FINAL ASSESSED
8/07/89
8/31/89
9/27/89
26,550/
26,550
14,000/
14,000
10,850/
10,850
Total Penalty = $830,547
[Appendix, page 30]
------- |