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E-M:/ EPA Actions in Michigan from EPA Regional Counsel



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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From: Compher.Michael@epamail.epa.gov
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24 Mar 2000 17:02:19 -0500 (EST)

As you know, the EPA has been having problems with its websites recently.
Although the Region 5 Office of Regional Counsel's website it now 
accessible, we
are still unable to update it. Therefore, I have provided below a list of all
the significant actions from the last several weeks, dating back to 
February 7,
2000. Below the list is the description of each case as it normally is 
found on
the website. I will continue to send out the weekly updates in this format
until our web site problems have been corrected, and I will notify you all 
when
the situation changes. We apologize for the temporary delay in this listserver.

SNIP

2. CAFO resolving PCB administrative civil penalty action under TSCA against
Rouge Steel Company signed by U.S. EPA. Dearborn, MI.

3. U.S. EPA issues RCRA 7003 order to Rouge Steel Company to protect wildlife.
Dearborn, MI.

5. U.S. District Court for the Western District of Michigan enters U.S. EPA's
Consent Decree for settlement of costs in CERCLA 107 case at the Northernaire
Plating Company Superfund site. Cadillac, MI.

7. U.S. EPA issues RCRA 7003 Order to Rouge Steel Co. to protect wildlife.
Dearborn, MI.

11. Judge enters U.S. v. Abitibi rice Corporation et al., Consent Decree. The
settlers will pay U.S. EPA over $3.3 million and remediate groundwater for the
Organic Chemical, Inc. site, which is on the National Priorities List.
Grandville, MI.

12. Two Americans and one Canadian indicted in the Eastern District of 
Michigan
for illegal pesticide smuggling. Detroit, MI.


Significant Case Developments - 3/20/00 to 3/24/00


2. CAFO resolving PCB administrative civil penalty action under TSCA against
Rouge Steel Company signed by U.S. EPA. Dearborn, MI.
IMPACT: On March 17, 2000, U.S. EPA Region 5 and Rouge Steel Company entered a
consent agreement and final order (CAFO) settling an administrative civil
penalty action for alleged violations of the PCB rule at 40 C.F.R. Part 761.
The Amended Complaint proposed a civil penalty of $58,400. The case was 
settled
for a $39,550 civil penalty and a supplemental environmental project (SEP)
valued at $30,000.

BACKGROUND: As a result of a multimedia inspection at Rouge Steel Company in
Dearborn, Michigan, in September 1999, U.S. EPA filed a complaint against 
Rouge
Steel Company under TSCA for violations of the PCB Rule concerning labeling 
and
marking of PCB transformers, and storage and disposal of PCB items. As soon as
Rouge Steel learned of the violations, it acted to correct the situation to 
come
into compliance. On February 16, 2000, U.S. EPA filed an Amended Complaint,
based on information and documents provided by Rouge Steel. The Amended
Complaint seeks a penalty of $59,400. U.S. EPA agreed to mitigate the penalty
in return for Rouge Steel?s agreement to perform a SEP, removal and 
disposal of
a PCB transformer.

Case Contact: Gaylene Vasaturo, Multi-Media Branch II, (312) 886-1811

3. U.S. EPA issues RCRA 7003 order to Rouge Steel Company to protect wildlife.
Dearborn, MI.

On March 2, 2000, under Section 7003 of RCRA, U.S. EPA Region 5 ordered Rouge
Steel Company in Dearborn, Michigan, to take action to protect migratory birds
and other wildlife from oil waste found on its property. The United States 
Fish
and Wildlife Service and U.S. EPA found that migratory birds have been exposed
to oil wastes in oil polishing lagoons at Rouge Steel Company?s waste-water
treatment plant. Rouge Steel must take immediate emergency measures to stop
exposure of the birds and other wildlife to the oil in the ponds. On March 3,
U.S. EPA and Rouge Steel Company discussed possible emergency measures and the
development of a long term plan to protect wildlife at Rouge?s facility.
Case Contact: Gaylene Vasaturo, Multi-Media Branch II, (312) 886-1811



5. U.S. District Court for the Western District of Michigan enters U.S. EPA's
Consent Decree for settlement of costs in CERCLA 107 case at the Northernaire
Plating Company Superfund site. Cadillac, MI.

IMPACT: On March 8, 2000, the U. S. District Court for the Western District of
Michigan entered the Consent Decree lodged by U.S. EPA on December 22, 
1999. The
Consent Decree provides for the Settling Defendant, Robert W. Meyer, Jr. to 
pay
$ 625,000 in reimbursement of EPA?s past response costs associated with the
investigation of contamination and enforcement at the Northernaire Plating
Superfund Site in Cadillac, Michigan (the Site).BACKGROUND: The Northernaire
Site and Kysor Industrial Corporation Superfund Site (the Sites) are 
contiguous
areas encompassing an industrial park along the northern boundary of the 
City of
Cadillac in Wexford County, Michigan. Several facilities within the Sites are
sources of a release or threat of release of hazardous substances which have
caused soil or groundwater contamination. Soils at the Kysor Plant are
contaminated with volatile organic compounds (VOCs), hexavalent chromium, zinc
and lead. Groundwater is contaminated with VOCs downgradient of the Kysor 
Plant.
This contaminated groundwater has commingled with other VOC contaminated 
plumes
and spread widely throughout the industrial park. The Remedial Design and the
Remedial Action for the Sites are being implemented through UAOs issued on May
29, 1990 and April 11, 1995, respectively.

On August 26, 1999, the Court granted EPA?s Partial Motion for Summary 
Judgment
holding Settling Defendant Meyer liable as an operator of the Northernaire 
Site.
Mayer?s liability was premised on his role in designing, constructing and
maintaining sewer lines on property which Meyer then leased to a plating
facility. Meyer knew that the sewer lines had not been constructed to prevent
leaking from the sewer line joints. Wastewater from the plating process was
discharged into the sewer lines resulting in soil and groundwater 
contamination.
Case Contact: Cynthia A. King, Multi-Media Branch I, (312) 886-6831



7. U.S. EPA issues RCRA 7003 Order to Rouge Steel Co. to protect wildlife.
Dearborn, MI.

On March 2, 2000, under Section 7003 of RCRA, U.S. EPA Region 5 ordered Rouge
Steel Company in Dearborn, Michigan, to take action to protect migratory birds
and other wildlife from oil waste found on its property. The United States 
Fish
and Wildlife Service and U.S. EPA found that migratory birds have been exposed
to oil wastes in oil polishing lagoons at Rouge Steel Company?s waste-water
treatment plant. Rouge Steel must take immediate emergency measures to stop
exposure of the birds and other wildlife to the oil in the ponds. On March 3,
U.S. EPA and Rouge Steel Company discussed possible emergency measures and the
development of a long term plan to protect wildlife at Rouge?s facility.
Case Contact: Gaylene Vasaturo, Multi-Media Branch II, (312) 886-1811




Significant Case Developments - 2/14/00 to 2/18/00


11. Judge enters U.S. v. Abitibi Rice Corporation et al., Consent Decree. The
settlors will pay U.S. EPA over $3.3 million and remediate groundwater for the
Organic Chemical, Inc. site, which is on the National Priorities List.
Grandville, MI.

IMPACT: On February 7, 2000 Judge Enslen signed the consent decree and entered
it as a final judgment in U.S. v. Abitibi Price Corporation, et al., Civil
Action No. 1:99-CV-428, U.S. District Court for the Western District of
Michigan, Southern Division. Under the Abitibi Price consent decree, 43 
parties
settled their potential liability to the United States in connection with the
Organic Chemicals, Inc. NPL Site in Grandville, Michigan, pursuant to CERCLA
Sections 106(a), 107(a) & 122(a) . Under the terms of the Abitibi Price 
consent
decree, the settling defendants shall complete the groundwater remedy for the
OCI Site, and shall pay virtually all of the U.S. EPA?s costs, less
consideration for an orphan share U.S. EPA decided the settling defendants 
were
to receive. Specifically, the consent decree provides that settlors shall pay
the U.S. EPA Superfund $3.3 million in past costs, plus interest on the $3.3
million since the time of the CERCLA Section 122(e) special notice and demand
letter, as well as U.S. EPA?s costs in overseeing settlors? performance of the
groundwater remedy.

BACKGROUND: The Organic Chemicals, Inc. Site is approximately 5 acres large.
Petroleum refining was done on the site during WWII, and from 1945 until 
1966, a
petroleum distribution business was operated on the site. Organic Chemicals,
Inc., operated both a solvent reclamation and specialty chemicals 
manufacturing
business on the site commencing in 1968, and closing in 1991. The OCI Site was
listed on the National Priorities List in 1983. Extensive releases of 
hazardous
substances to the soil and groundwater occurred at the site from OCI?s solvent
reclamation and chemical manufacturing operations, chemical spills and 
fires, as
well as the earlier refining operations. There have been 2 RODs for the 
site: an
interim ROD for groundwater pump and treat of VOC and SVOC contaminated
groundwater, and a final ROD for groundwater and soil remediation.Case 
Contact:
Jerome P. Kujawa, Multi-Media Branch II, (312)-886-6731
Significant Case Developments - 2/7/00 to 2/11/00

12. Two Americans and one Canadian indicted in the Eastern District of 
Michigan
for illegal pesticide smuggling. Detroit, MI.

IMPACT: On February 8, 2000, a Grand Jury sitting in the Eastern District of
Michigan at Detroit issued a five-count indictment charging Richard Haws and
Donald Davis, Jr., both of Catlin, Illinois, and John Andrasik, of Ontario,
Canada, with multiple crimes related to the illegal smuggling and sale of 
banned
pesticides in the United States.

BACKGROUND: The first count charges all three men with conspiring to 
smuggle the
unregistered pesticides Canadian Roundup, Canadian Glyfos and Amiben into the
United States, in violation of customs statutes, 18 U.S.C.  545, and the
Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), 7 U.S.C.  136l.
The indictment lists over 20 overt acts in furtherance of the conspiracy,
including the presentation of false documents to customs officials in order to
facilitate the crime.

Haws and Andrasik are each charged in the remaining four counts with customs
violations. Two counts charges that, on or about February 4 and 25, 1996, the
defendants presented false importation documents to customs officials in
conjunction with the importation of Canadian Roundup, in violation of 18 
U.S.C.
 545, while the remaining two counts allege that the men made materially 
false
statements concerning the substance, value and destination of Canadian Glyfos
that was imported on or about May 11, 1998, and June 21, 1998, in violation of
18 U.S.C.  542. If convicted, the defendants face criminal fines of up to
$250,000 for each count, as well as up to five years imprisonment for the
conspiracy and smuggling counts and two years for each of the charges of 
having
made materially false statements to customs officials. This case is the result
of a joint investigation between the U.S. EPA and the United States Customs
Service.
Case Contact: Tim Chapman, Regional Criminal Enforcement Counsel, (312) 
886-6829


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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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