ELR Citation: ELR 20444
No(s). 87 C 4491 (N.D. Ill. Jan 8, 1990)

The court imposes a $100,000 civil penalty against Resource Conservation and Recovery Act (RCRA) defendants who disregarded an Environmental Protection Agency (EPA) administrative order. The defendants operated an electroplating business that generated hazardous wastes. EPA alleged serious violations of federal and state hazardous waste regulations. After an administrative hearing, defendants were ordered to submit a closure plan. Defendants failed to submit a closure plan and were in violation of this order for 515 days. Defendants were also 270 days late responding to an EPA request for information pursuant to RCRA §3007 and 124 days late submitting a revised closure plan. Defendants relet the premises, and the government obtained a court order requiring them to notify the new owner, tenants, and other persons at the facility of the potentially hazardous conditions and to post warnings. The defendants did not fully comply. The court finds the defendants to have been intransigent and therefore deserving of no mercy based on their financial circumstances. The penalty of $100,000, although a small proportion of the over $22 million statutory maximum penalty, adequately serves RCRA's purpose of deterrence.

Counsel for Plaintiff
Ann Wallace
U.S. Attorney's Office
219 S. Dearborn, Rm. 1500, Chicago IL 60604
(312) 886-9082

Counsel for Defendants
Bertram Stone
Stone, Pogrund, Korey & Spagat
221 N. LaSalle St., Ste. 2800, Chicago IL 60601
(312) 782-3636