ELR Citation: ELR 20035
No(s). K87-138 CA (W.D. Mich. May 14, 1990)

The court holds that an electroplating company and its president are liable for violations of the Resource Conservation and Recovery Act (RCRA) and the Michigan Hazardous Waste Management Act (HWMA). The court holds that the government established a prima facie case of liability under RCRA and the HWMA. The government established that the company is the owner or operator of a hazardous waste facility that stored and disposed of waste both before and after November 19, 1980. The company thus received interim status under RCRA by submitting its Part A application. The company lost interim status as of November 8, 1985, because it failed to certify compliance with the financial responsibility requirements, failed to obtain a RCRA permit, and failed to meet RCRA deadlines for having permitting land disposal units and adequate underground monitoring. Despite its loss of interim status, the company continued its waste activities and failed to submit required closure and postclosure plans by the appropriate deadlines. The court holds that defendants' compliance with a state court ordered closure plan does not excuse defendants from their RCRA violations. The court holds that neither good-faith efforts to obtain insurance nor the impossibility of obtaining insurance is a defense to RCRA liability. The court holds that the Environmental Protection Agency has not selectively enforced RCRA and the HWMA against defendants in bad faith. The court holds that the company's president is individually liable for the violations. The record reveals that he was actively involved in the company's day-to-day operations.

Counsel for Plaintiffs
Thomas J. Gezon, Ass't U.S. Attorney; John A. Smietanka, U.S. Attorney
399 Federal Bldg., 110 Michigan St. NW, Grand Rapids MI 49503
(616) 456-2404

Anna Thode
U.S. Environmental Protection Agency
401 M St., Washington DC 20460
(202) 475-8212

Mark S. Meadows, Steven E. Chester, Ass't Attorneys General; Frank J. Kelley, Attorney General
Law Bldg., Lansing MI 48913
(517) 373-1110

Counsel for Defendants
Richard B. Tomlinson
Driggers, Schultz, Herbst & Paterson
888 W. Big Beaver Rd., Ste. 400, Troy MI 48084
(313) 362-9000

Douglas W. VanEssen
Clary, Nantz, Wood, Hoffius, Rankin & Cooper
500 Calder Plaza, 250 Monroe Ave. NW, Grand Rapids MI 49503
(616) 459-9487

Scott S. Brinkmeyer, William A. Horn
Mika, Meyers, Beckett & Jones
200 Ottawa Ave., NW, Ste. 700, Grand Rapids MI 49503
(616) 459-3200