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Indiana Department of Environmental Management
For Immediate Release Contact: Jo Lynn Ewing
June 13, 1997 (317) 232-8560
IDEM USES GOOD CHARACTER LAW TO DENY HAZARDOUS
WASTE LANDFILL EXPANSION
The Indiana Department of Environmental Management today used
the state's 'Good Character' law for the first time, to block
expansion of a hazardous waste landfill in Fort Wayne.
IDEM Commissioner Michael O'Connor denied the application of
Chemical Waste Management, LLC that sought to increase the capacity
of the Adams Center Hazardous Waste Abatement and Disposal Facility.
O'Connor found the company has a continuing business relationship
with Chemical Waste Management Inc., a Delaware corporation with a
history of environmental violations.
"Indiana's Good Character law allows IDEM to effectively deny a
permit application if the applicant has not demonstrated good
environmental stewardship," O'Connor said. "With Chem Waste's poor
environmental track, I could not approve their expansion request."
Among those violations in the five years preceding the application
The following complaints were brought prior to the relevant
period, but the penalty of more than $10,000 was paid
between September 27, 1991, and September 27, 1996:
- Chem Waste entered guilty pleas to six criminal violations,
which were felonies, of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA) and paid more than $3
million in penalties. The convictions stemmed from Chem Waste's
failure to notify the United States when reportable quantities of hazardous
substances were released into the environment during a government contract
cleanup at Lackawanna Refuse Superfund Site at the border of Old Forge and
Ransom Township, PA. Chem Waste employees crushed drums containing
toxins. An accompanying civil settlement that required Chem Waste,
other major corporations and individuals to pay $28 million to the
U.S. and the Commonwealth of Pennsylvania to reimburse costs
incurred from the release of hazardous substances.
Cause No. 3-CR-22-253. Aug. 9, 1992.
- Alabama DEM, Cause No, 92-156-11W - Waste manifested as a
non-regulated hazardous waste, but newly subject to regulation,
was land disposed. $25,000 penalty. 7-4-92
- People of the State of California, Cause No.723347-- Tank
developed leak and resulted in spill of hazardous waste. $25,000 penalty.
- California Environmental Protection Agency Department of Toxic
Substances Control, Cause No. HWCA 92/93 -022 - Various operational
violations were alleged, such as insufficient water flowing to
the eye wash, failing to maintain adequate documentation of
quantities accumulated for recovery and failing to mark accumulation
dates on 19 containers. $65,000 penalty. 11-3-92
- USEPA Region VI. Cause No. RCRA VI-304-H EPA challenged analysis
methods for incinerator ash at the Port Arthur, Texas incinerator.
$15,000 penalty. 4-8-94
- USEPA Region V Cause No. TSCA-V-C-30-93 - Violations of the Toxic
Substances Control Act were revealed by Chem Waste and remediated.
$17,350 penalty. 8-1-94
- Alabama DEM, Cause No. 94-084-CHW The subject of the enforcement
action was the Emelle, Ala., landfill, and involved the disposal of PCB wastes. $35,000
- USEPA Region VI, RCRA-VI-94-1618 - The complaint concerned a
Clean Water Act NPDES sampling violation. $65,000 penalty. 9-26-94
- Illinois EPA v. CWM, Inc., Cause No. 91-CH-529 - Operational
problems alleged at the incinerator in Illinois. $1.9 million penalty. 6-1-95
- Illinois EPA V. CWM, Inc., Cause No. 91-CH-529 and 93-CH-264 -
New consent decree entered concerning Illinois incinerator. $250,000
- State of Illinois V. CWM, Inc., Cause No. 83-CH-2266 - Newly
regulated waste was mischaracterized as nonhazardous and put in the
Illinois landfill. $25,000 penalty. 2-14-94
- US EPA Region V, Cause No. V-W-R-8 - Violations at the Trade
Waste Incinerator in Sauget, Illinois. $275,000 penalty 12-31-92
- Louisiana DEQ, Cause No. HE-P-90-05-88 through HE-C-90-02-72 -
Compliance orders involved tanks to treat and stabilize waste,
the proper definition of closed containers, the proper definition of storage
and the interpretation of the regulations regarding container
management. $25,000 penalty. 7-7-93
- Louisiana DEQ V. CWM' Inc., Administrative Cause Nos.
HE-C-88-210 and HE-P-88-559 and Cause No. 93-C-2095 - Judicial finding
of violations at a Lake Charles treatment, storage and disposal
facility. $261,918 penalty. 11-30-93
Chemical Waste Management of Indiana represented in its application
that as of December, 1995 it no longer was associated with its former parent
company, Chem Waste. However, the IDEM commissioner learned that
a subsidiary of Chem Waste, an Indiana corporation called TC,
Inc. owns land adjacent to the Facility and provides clay necessary for
the daily operations of the Adams Center landfill. TC, Inc. and Chemical Waste
Management of Indiana share many of the same corporate officers.
Other facts led the commissioner to conclude a continuing
business relationship, such as the check for the $34,000 application
fee being drawn on the account of Chemical Waste Management of
Indiana, Inc., a corporate entity that allegedly went out of
existence prior to the application.
The "Good Character" law was enacted in 1990 and withstood a
constitutional challenge by Chem Waste before the Indiana Supreme Court in 1994.