9/17/03 - COMPLAINT FILED, PROPOSING THE STATUTORY MAXIMUM PENALTY. ALLEGATIONS:
COUNT 1: HAZARDOUS WASTE DETERMINATIONS. RESPONDENT VIOLATED 40 CFR 262.11 BY FAILING TO CONDUCT A HAZARDOUS WASTE DETERMINATION ON THE NO BAKE BAGHOUSE DUST, THE CLEANING ROOM BAGHOUSE DUST AND THE SPENT FOUNDRY SAND AFTER CHANGING ITS PRODUCTION RATE AND RAW MATERIAL. THIS VIOLATION IS CONSIDERED TO BE OF MAJOR SEVERITY BECAUSE THE FAILURE TO PROPERLY MAKE THE INITIAL DETERMINATION OF WHETHER A SOLID WASTE IS A HAZARDOUS WASTE COULD POTENTIALLY RESULT IN THE MISHANDLING OF HAZARDOUS WASTE, LEADING TO SUBSEQUENT EXPOSURE AND HARM TO HUMAN HEALTH AND THE ENVIRONMENT. PURSUANT TO SECTION 3008(a) OF RCRA, RESPONDENT IS LIABLE FOR PENALTIES OF UP TO $27,500 FOR EACH FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION ON ITS THREE WASTESTREAMS.
COUNT 2: DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT. RESPONDENT VIOLATED SECTION 3005(a) OF RCRA AND 40 CFR 270.1 AND 270.70, BY DISPOSING OF HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. THIS VIOLATION IS CONSIDERED TO BE OF MAJOR SEVERITY BECAUSE THE DISPOSAL OF HAZARDOUS WASTE ONTO THE GROUND SUBSTANTIALLY INCREASES THE POTENTIAL THAT HAZARDOUS WASTE COULD HARM HUMANS AND THE ENVIRONMENT. RESPONDENT IS LIABLE FOR PENALTIES OF UP TO $27,500 PER DAY FOR EACH DAY THAT THE HAZARDOUS WASTE REMAINS ON THE GROUND.
COUNT 3: FAILURE TO MANIFEST. RESPONDENT VIOLATED 40 CFR 262.20 BY OFFERING HAZARDOUS WASTE FOR TRANSPORT WITHOUT A HAZARDOUS