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 ------- 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 ------- 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) ------- 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 ------- 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. ------- 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 ------- 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." ------- 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. ------- 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. ------- 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 ------- 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. 8 ------- 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. ------- 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. 10 ------- 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. 11 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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] ------- |