ELR Citation: ELR 21478
No(s). IP86-253-C (S.D. Ind. Mar 18, 1988)

The court holds that an operator of a wood treating plant violated the Resource Conservation and Recovery Act (RCRA) by treating, storing, or disposing of hazardous waste without obtaining a permit or interim status, and must undertake corrective action. The plant released creosote contaminants into surrounding soil and a nearby creek. The court first holds that defendant violated RCRA §3010 because it failed to inform the Environmental Protection Agency that it was generating, treating, storing, or disposing of hazardous waste. The court also holds that defendant is not exempt from §3010 as a small quantity generator. The court next holds that defendant is in violation of RCRA §3005, since it is treating, storing, or disposing of hazardous waste without having obtained a RCRA permit or interim status. In addition, the court holds that defendant failed to meet the interim status standards promulgated pursuant to RCRA §3004. The owner of a facility is still expected to meet such standards regardless of whether he has obtained interim status. Finally, the court holds that defendant's failure to obtain interim status makes it liable for interim status corrective action under RCRA §3008(h).

Counsel for Plaintiff
Sue Hendricks Bailey, Ass't U.S. Attorney
274 U.S. Courthouse
46 E. Ohio St., Indianapolis IN 46204
(317) 269-6333

Deborah E. Albright, Deputy Attorney General
219 State House, Indianapolis IN 46204
(317) 232-6201

Counsel for Defendant
David C. Campbell, Ellen C. Siakotos
Bingham, Summers, Welsh & Spilman
Ste. 2700, One Indiana Sq., Indianapolis IN 46204