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Ventura County Sheriff's Department Report on Waste Managment

This is a scanned electronic representation of an official report issued by the Ventura County, CA Sheriff's Department.
Care is taken to correct error in the scan.
However, original copies should be obtained for purposes of accuracy in all relevant matters.

VENTURA COUNTY SHERIFF'S DEPARTMENT

800 SOUTH VICTORIA AVENUE,
VENTURA, CA 93009
JOHN V.GILLESPIE SHERIFF LARRY CARPENTER UNDERSHERIFF
RICHARD S. BRYCE ASSISTANT SHERIFF OSCAR L. FULLER ASSISTANT SHERIFF

September 20, 1991

Supervisor Maggie Erickson-Kildee
Chair, Board of Supervisors
800 South Victoria Avenue
Ventura, California 93009

Re: WASTE MANAGEMENT REPORT

Dear Supervisor Erickson-Kildee:

Several months ago you requested the Sheriff to investigate and report on the historical background of Waste Management, Inc. Your inquiry was prompted by questions and concerns raised by citizens about alleged regulatory agency violations and criminal activity of the corporation and/or its employees, including alleged connections to organized crime.

In response to your request for this information, the following report is provided to assist you and the other board members.

We have focused our investigation on the criminal history of Waste Management, Inc., and their involvement with all known regulatory agencies. The information contained herein has been obtained from a variety of public sources.

Attachment List

Attachment 1: Overview of Waste Management, Inc.
Attachment 2: Waste Management Employee Criminal Conduct Non-Antitrust Civil Cases
Attachment 3: Waste Management, Inc., Criminal Cases:
Attachment 4: Waste Management, Inc., Antitrust Civil Cases
Attachment 5: Waste Management, Inc., Waste Management, Inc., Environmental Civil Cases
Attachment 6: Waste Management, Inc., Administrative Casess
Attachment 7: Chemical Waste Management, Judicial and Administrative Environmental Actions
Attachment 8: Waste Management, Inc., and Waste Management of California, Inc., Corporate Officer List
Attachment 9: Glossary of Terms
Attachment 10: Definitions

With regard to the corporate officers listed in Attachment 8, we have not developed information on any individual which suggests a criminal background. In conjunction with the background search on these officers, we have not uncovered any information which would suggest that any of these individuals are, or have been, involved with any traditional organized crime subjects.

Sincerely,

LARRY W CARPENTER Undersheriff

WEST COUNTY DIVISION
800 South Victoria Avenue
Ventura, CA 93009
805-654-2311

CENTRAL COUNTY DIVISION
67 Palm Drive
Camarillo. CA 93010-7995
(805) 482-9844

EAST VALLEY DIVISION
2101 East Olsen Road
Thousand Oaks, CA 91360
(805) 494-8200


ATTACHMENT 1:
SUMMARY OF WASTE MANAGEMENT

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Waste Management is the world's largest waste disposal company. It has nearly 500 subsidiaries operating in 1200 communities in North America, with 27,000 employees (6,700 in management or sales positions). For 1988, Waste Management had total assets of $4.9 billion and revenues of $3.6 billion.

An article in the Wall Street Journal, dated May 1, 1991, identified Waste Management's 1990 revenue as $6.03 billion and the company's earnings as $684.8 million. These figures, according to the article, represent that in four years, the revenue of the firm has tripled and the earnings have doubled.

Waste Management, Inc., now has a total of 634 facilities with 53 of those located within the State of California. The California locations are a sampling of the diversity of the conglomerate, which include rubbish collection and disposal, chemical waste services, landfills, eight rental/lease companies, two trucking firms, a paper processing business, and a wholesale brick outlet.

In a report prepared for the City of Seattle, Washington, as a background study on Waste Management and other companies who bid for a local landfill, all the subsidiaries and related divisions of Waste Management in the world were identified.

The list, which was accurate as of January 31, 1989, itemized a total of 686 names of companies controlled by Waste Management, Inc

Waste Management, as well as several of its divisions and subsidiaries have been the subject of local, state and federal investigations throughout the nation. Generally, the complaints against the company involved bribery and antitrust violations including bid rigging, price fixing and price gouging.

As pointed out in the Seattle Report, when evaluating the performance of Waste Management, consideration should be given to the size and complexity of the Organization.


ATTACHMENT 2: WASTE MANAGEMENT EMPLOYEE
CRIMINAL CONDUCT/NON ANTITRUST CASES

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ITEM: 1
DATE: 01/01/85
NAME: JOHN HORAK
CASE: U.S.VS HORAK, FOX LAKE ILLINOIS
PLEA: NOT GUILTY
DISPOSITION: CONVICTION
SUMMARY:
In 1985, John Horak, the General Manager of HOD Disposal, a Waste Management, Inc. subsidiary near Chicago, was indicted for paying $12,000.00 in bribe money to the mayor of Fox Lake, Illinois and another municipal officer in order to obtain a waste hauling contract. At the time of the indictment, Horak managed the disposal company he had previously sold to Waste Management.

Mr. Horak was charged with mail fraud and Rico forfeiture charges, and was convicted after a jury trial and sentenced to a six-month jail term and a $25,000.00 fine.

Waste Management fired Mr. Horak as a result of this incident. Waste Management denied any prior knowledge of Mr. Horak's actions.

After a lengthly investigation, neither Waste Management, Inc., nor its local subsidiary were ever charged in this case.

ITEM: 2
DATE: 01/01/87
NAME: RAYMOND AKERS JR.
CASE: U.S.VS AKERS, CHICAGO
PLEA: GUILTY
DISPOSITION: CONVICTION
SUMMARY:

In 1987, after a probe of municipal corruption in the Chicago area, the Justice Department arrested Mr. Raymond Akers, a former Waste Management employee. Based on his conduct while acting as a lobbyist and marketing representative for Waste Management, evidence established Mr. Akers had bribed Chicago Alderman Clifford Kelley to acquire, among other things, an option to buy land for a waste transfer facility.

Prior to the trial, Mr. Akers plead guilty and was sentenced in March of 1988 to sixty days of work release, three years probation amd a $150.00 fine.

Waste Management was not charged in the indictment and discharged Mr. Akers, indicating that he never acted to benefit the company.


ATTACHMENT 3: WASTE MANAGEMENT CRIMINAL CASES

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ITEM 1
DATE: 01/01/80
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: GUILTY VERDICT
DISPOSITION: $350,000.00 FINE
SUMMARY:

The Department of Justice prosecuted Georgia Waste Systems, Inc., a Waste Management subsidiary, and Mr. Raymond Dinkle, its former general manager, for violations of the Sherman Antitrust Act, Section 1, in the Atlanta area. Specifically, the government alleged that Waste Management, SCA Services of Georgia, Inc., and Browning-Ferris Industries of Georgia, Inc., conspired to fix prices and allocate customers for waste disposal services in the Atlanta area. The government alleged that the activity began in l974, and continued through at least 1979.

In a jury trial in February, 1983, Georgia Waste Systems, Inc., and Mr. Raymond Dinkle were found guilty. Georgia Waste Systems, Inc., received a fine of $350.000.00 and Mr. Raymond Dinkle received a one year jail sentence, with all but 45 days suspended.

ITEM 2
DATE: 06/30/84
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: GUILTY VERDICT
DISPOSITION: $10,500.00 FINE
SUMMARY:

In an indictment filed July 30, 1984, the Department of Justice charged David Hoopengardner, general manager of Waste Management's Florida subsidiary, United Sanitation Services, of engaging in a conspiracy involving price fixing, bid rigging and market allocation. In April 1986, Mr. Hoopengardner was convicted, fined $10,500.00 and sentenced to two years probation.
ITEM: 3
DATE: 11/08/85
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: NOLO CONTENDERE
DISPOSITION: UNKNOWN FINE
SUMMARY:

In an indictment filed November 8, 1985, the Department of Justice charged Mr. Lewis Goodman, chief operations officer of United Sanitation Services, a Waste Management subsidiary, of continuing the illegal practices outlined in the Hoopengardner indictment. Specifically, the government charged that between 1971 and 1985, Mr Goodman was involved in price fixing, bid rigging and market allocation.

Mr Goodman was convicted at trial in December, 1986. The conviction was reversed by the Circuit Court of Appeals and remanded for retrial. Mr. Goodman plead nolo contendere prior to retrial, received a fine and was sentenced to a short period of confinement in a Community Treatment Center.

ITEM: 4
DATE: 01/01/86
VIOLATION: SHERMAN ANTITRUST CASE
PLEA:NOLO CONTENDERE
DISPOSITION: $250,000.00 FINE
SUMMARY:

Bestway Disposal, a trash hauling subsidiary in Henriette, New York, acquired by Waste Management in 1984, was charged in 1986 with engaging in an agreement to allocate customers in the late 1970's and through at least 1984. As part of the agreement to allocate customers, Bestway Disposal and four other waste haulers, were alleged to have met and agreed which company would serve certain customers in the Monroe County area of New York, and provided noncompetitive,and rigged bids for industrial refuse removal.

On June 7, 1988, the company plead nolo contendere, and was fined $250,000.00. The remaning defendants went to trial and were acquitted.

ITEM: 5
DATE: 01/01/87
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: NOLO CONTENDERE
DISPOSITION: $1,000,000.00 FINE
SUMMARY:

Los Angeles County District Attorney filed a felony complaint against Western Waste Industries, Inc., Angelus-Hudson, Inc., and Waste Management of California alleging that they were involved in a five year conspiracy to allocate markets and fix prices. Waste Management entered a plea of "no contest," similar to a nolo contendere plea and agreed to pay the maximum fine of $1 million. Mr Clifford Chamblee, a former manager of Waste Management of Gardena, and Mr. Wiley Scott, operations manager for Waste Management of Sun Valley were also charged.
ITEM: 6 DATE: 09/01/87
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: NOLO CONTENDERE
DISPOSITION $1,000,000.00 FINE
SUMMARY:

In September, 1987, the Department of Justice filed felony information against Waste Management, Inc., of Florida, charging the company with engaging in a conspiracy to allocate customers for waste disposal services in Dade and Broward Counties in Southern Florida from as early as February, 1980, until at least November, 1985. The corporate prosecution stemmed from the same facts charged against Mr. Hoopengardner and Mr. Goodman.

As part of a plea bargain, Waste Management waived indictment and agreed to prosecution by felony information. On January 15, 1988, Waste Management plead nolo contendere to one count of a Sherman Antitrust Act, Section 1 violation, and received the maximum fine of $1 million.

ITEM: 7
DATE: 10/01/87
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: PLEAD GUILTY
DISPOSITION: $1,000,000.00 FINE
SUMMARY:

In October, 1987, the Department of Justice filed a one count information, alleging violation of the Sherman Antitrust Act against a Waste Management subsidiary, Ohio Waste Systems, Inc., and Browning-Ferris Industries of Ohio and Michigan, Inc. The information alleged that the companies conspired to allocate customers between 1981 and 1982 and to fix prices in the greater Toledo area by means of collusive, noncompetitive and rigged bids.

Department of Justice records indicated that on November 23, 1987, Ohio Waste Systems, Inc., plead guilty to the count charged in the information and received the maximum fine of $1 million.

ITEM: 8
DATE: 12/28/89
VIOLATION: SHERMAN ANTITRUST ACT
PLEA: PLEA AGREEMENT
DISPOSITION: $500,000.00 FINE
SUMMARY

On December 28, 1989, the U.S.Attorney's Office for the Southern District of California filed a Sherman Antitrust Act, criminal case against Waste Management of California, Inc., d/b/a/ Daily Disposal Service in the San Diego County area. The complaint alleges a conspiracy to allocate customers and fix prices in San Diego County, Los Angeles County and Orange County. Daily Disposal and the U.S. Government agreed that a fine of $500,000.00 was an appropriate disposition in this case.
ITEM: 9
DATE: 12/28/89
VIOLATION: SHERMAN ANTITRUST CASE
PLEA: PLEAD GUILTY
DISPOSITION: $1,000,000.00 FINE
SUMMARY:

On December 28, 1989, the U.S. Attorney's Office for the Central District of California, filed a Sherman Antitrust criminal case against Dewey's Disposal Service, a subsidiary of Waste Management. The complaint alleges that the defendents engaged in price fixing and customer allocation in the Orange County area.

Pursuant to an agreement with the Government, a plea of guilty was entered on February 13, 1990, and a fine of $1 million was paid. Waste Management contends that the alleged activity which occured in 1983-84 was prior to the ownership of the company by Waste Management.

ITEM: 10
DATE: 01/12/90
VIOLATION: MISDEMEAN0R ODOR L.A. CO
PLEA: NOLO CONTENDERE
DISPOSITION $2,450.00 PENALTY
SUMMARY:

On January 12, 1990, a case was filed in L.A. Municipal Court alleging three misdemeanor violations regarding odor compaints which occured on May 1 and 2, 1989. The complaint was filed against Valley Reclamation Co, a Waste Management subsidiary. Waste Management plead nolo contendere and paid a $2,450.00 penalty.

Waste Management indicates that they decided to upgrade the environmental integrity of the Bradley Landfill in Sun Valley. To install a state of the art landfill gas recovery system, some fairly ripe garbage was uncovered. Waste Management felt that the greater environmental results outweighed the brief minor nuisance of the odors. Waste Management also paid $10,000.00 to the University of California, Board of Regents, to be utilized for an asbestos exposure course at UCLA.

WASTE MANAGEMENT CRIMINAL CASES SUMMARY

TOTAL ITEMS: 10
TOTAL STATES INVOLVED: 5
TOTAL FINES AND PENALTIES: $5,112,950.00

ATTACHMENT 4: WASTE MANAGEMENT INC.,
ANTITRUST CIVIL CASES

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ITEM 1
DATE: 07/03/80
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $750,000.00
SUMMARY:

A private individual, Mr. Frank filed a civil case against Chemical Waste Management on July 3, 1980, in the State of Illinois. Mr. Frank alleged that Waste Management took his customers by fixing prices and underbidding. The case was settled in March of 1986 with Waste Management paying $750,000.00 to the plaintiff and the plaintiff retaining portions of Waste Management's hauling business.
ITEM: 2
DATE: 03/31/82
VIOLATION: ANTITRUST CIVIL CASE
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

On March 31, 1982, a private individual by the name of Margaret Savage filed a civil antitrust suit complaint against Waste Management of South Carolina, alleging a invalid exclusive franchise. The complaint was dismissed on December 19, 1985, with prejudice, in favor of Waste Management of South Carolina.
ITEM: 3
DATE: 01/01/83
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $525,000.00
SUMMARY

In the State of Georgia, Metro Development Corp, filed a class action law suit against B.F.I. et al., which was settled in 1985. The settlement required a payment of $525,000.00 into a settlement fund. This case was listed in the Seattle report.
ITEM: 4
DATE: 12/20/83
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $85,000.00
SUMMARY:

In the State of Pennsylvania, Applied Technology, Inc., filed a civil antitrust suit against Chemical Waste Management, et al., on December 20,1983. The law suit alleged that Chemical Waste Management was attempting to monopolize the hazardous waste hauling business in the Northeast. The civil suit was settled in March of 1987 for $85,000.00.
ITEM: 5
DATE: 10/18/84
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION PENDING
SUMMARY:

In the State of New Jersey, the State filed a civil antitrust law suit on October, 18, 1984, against Arace Brothers, et al. The civil suit alleges that Arace Brothers were involved in customer allocations and price fixing. The case is pending and settlement is expected.
ITEM: 6
DATE: 11/27/85
VIOLATION: ANTITRUST CIVIL CASE
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:NONE

In the State of Florida, a private individual by the name of Benefield, filed a antitrust civil case against Waste Management, Inc. of Florida, et al. The plaintiff alledged that Waste Management and the County were involved in a conspiracy to prevent him from developing a landfill. The case was dismissed on its merits in favor of Waste Management on October 30, 1986.
ITEM: 7
DATE: 02/28/86
VIOLATION: ANTITRUST CIVIL CASE
PLEA: NONE
DISPOSITION: SETTLED
SUMMARY:

In the State of California, Vinci Enterprises, Inc, filed a civil antitrust suit against Oakland Scavenger, a Waste Management subsidiary, on February 28, 1986. The plaintiff alleged that Oakland Scavenger was attempting to monopolize the local trash hauling business. The suit was dismissed after settlement on March 29, 1989.
ITEM: 8
DATE: 03/17/86
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $1,200,000.00
SUMMARY:

In the State of Florida, Carefree David Travel Co, filed a class action antitrust civil case on March 17, 1986, against IWS, Waste Management of Florida, et al. The case was settled for $1,200,000.00 in 1988.
ITEM: 9
DATE: 05/15/86
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $51,000.00
SUMMARY:

On May 15, 1986, in Sonoma County California, Industrial Carting filed a civil antitrust case against Empire Disposal, a Waste Management subsidiary. Industrial Carting alleged that Empire Disposal was involved in below cost bidding. The case was settled on November 2, 1987, for $51,000.00 without admission of any liability on the part of Waste Management.
ITEM: 10
DATE: 05/22/86
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $350,000.00
SUMMARY:

On May 22, 1986, the Attorney General for the State of Ohio, filed a civil antitrust case against Waste Management of North America, and Browning-Ferris Industries, et al. This case was filed prior to any Federal antitrust action. This case was settled for $350,000.00 in damages and attorney's fees.
ITEM: 11
DATE: 07/22/86
VIOLATION: ANTITRUST CIVIL CASE
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

On July 7, 1986, a private individual by the name of Robert O'Conner, filed a civil antitrust case against Oakland Scavenger, a Waste Management subsidiary. He alleged in his complaint that Oakland Scavenger used exclusive franchise to improperly obtain a monopoly over recycleable materials. The case was dismissed on June 17, 1989, on the merits in favor of Waste Management.
ITEM: 12
DATE: 09/17/86
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $1,000.00
SUMMARY:

On September 17, 1986, in the State of Louisiana, C.C. Sanitation filed a civil antitrust case against Waste Management, Inc., et al. C.C. Sanitation alleged that Waste Management attempted to monopolize the portable sanitation market. The case was settled on January 20, 1989, for a "nuisance value" of $1000.00 and dismissed.
ITEM: 13
DATE: 01/08/87
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING PENDING
SUMMARY

On January 8, 1987, in the State of New York, Scrantom's Book and Stationary Company, filed an antitrust civil case against Bestway Disposal Corpe, a Waste Management subsidiary. The case is still pending.
ITEM: 14
DATE: 03/18/87
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $130,000.00
SUMMARY:

On March 18, 1987, in the State of Florida, the Attorney General filed a antitrust civil case against Waste Management, Inc., of Florida. The Attorney General alleged that Waste Management violated the Sherman Antitrust Act, Section 1. The case was settled in January, 1988, with Waste Management paying a fine of $130,000.00.
ITEM: 15
DATE: 03/18/87
VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED
DISPOSITION: $595,000.00
SUMMARY:

In the State of Florida, the Attorney General filed a antitrust civil case against Waste Management, Inc., of Florida, alleging a violation of the Sherman Antitrust Act, Section 1.

This case was also settled in January, 1988, for $595,000.00 in damages and attorney's fees.

ITEM: 16
DATE: 06/12/87
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY:

On June 12, 1987, in the State of California, Marina Two filed a State court class action against Waste Management of California, alleging violations of the state's antitrust laws. The case is pending at this time.
ITEM: 17
DATE: 06/18/87
VIOLATION: ANTITRUST CIVIL CASE
PLEA: SETTLED
DISPOSITION: $19,500,000.00
SUMMARY:

On June 18, 1987, in the State of Pennsylvania, a private company called Cumberland Farms, filed a class action antitrust law suit against Waste Management, Inc.1 and Browning-Ferris Industries, et al., alleging a nation wide price fixing conspiracy. On October 30, 1990, the suit was settled with Waste Management paying $19.5 million and Browning-Ferris also paying $30.5 million toward a fund.
ITEM: 18
DATE: 06/23/87
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY:

On June 23, 1987, in the State of California, Airport Century Inn, Ltd., filed a class action law suit in federal court against Waste Management. The suit alleges violations of both state and federal antitrust laws. The suit is still pending.
ITEM: 19
DATE: 07/01/87
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY:

On July 1, 1987, the L.A. District Attorney filed a civil penalty/injunctive action against Waste Management of California, Inc. This case follows the criminal case and alleges price fixing and customer allocation. The suit is still pending.
ITEM: 20
DATE: 04/14/88
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY:

On April 14, 1988, in the State of Missouri, a private individual by the name of Cone, filed a antitrust civil case against Waste Management of Missouri, Inc. She is alleging wrongful termination for "Whistle blowing" on company price fixing activities. The case is pending.
ITEM: 21
DATE: 06/29/88
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY:

On June 29, 1988, in the State of Colorado, a private company by the name of Crabtree, filed a civil antitrust case against the State of Colorado. The plaintiff alleges a conspiracy to violate Minority Business Enterprises preference laws. There are parallel cases pending in both State and Federal courts on this issue. This case was listed in the Seattle report.
ITEM: 22
DATE: 07/05/88
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY:

On July 5, 1988, in the State of Texas, a private company by the name of Johnson's Disposal, filed a antitrust civil case against Browning-Ferris Industries, et al. The plaintiff alleges violations of both Section 1 and Section 2 of the Sherman Antitrust Act. This case is identified in the Seattle report.
ITEM: 23
DATE: 03/17/89
VIOLATION: ANTITRUST CIVIL CASE
PLEA: PENDING
DISPOSITION: PENDING
SUMMARY

On March 17, 1989, in the State of Ohio, a private individual by the name of Yeager, filed a antitrust civil case against Waste Management, Inc. The plaintiff alleges violations of the Sherman Antitrust Act, Section 1. The case is pending

WASTE MANAGEMENT ANTITRUST CIVIL CASE SUMMARY


TOTAL ITEMS: 23
TOTAL STATES INVOLVED: 23
TOTAL FINES, PENALTIES AND SETTLEMENT COST: $23,187,000.00

ATTACHMENT 5: WASTE MANAGEMENT
ENVIRONMENTAL CIVIL CASES

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ITEM: 1
DATE: 08/08/74
VIOLATION:OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: $48,000.00 PENALTY
SUMMARY:

Case filed by State of Wisconsin, against United Waste Systems, Inc., alleging a failure to comply with DNR Order 2A-73-719 in that United Waste Systems did not install agroundwater monitoring system or leachate removal system,.did not submit full site engineering plans or, in alternative, did not close landfill by dates specified in order.

Case closed on May 10, 1985 via an Administrative Consent Order, entered into between Wisconsin Department of Natural Resources and Waste Management of Wisconsin, Inc., requiring implementation of groundwater and leachate monitoring programs. May 16, 1985, Stipulation and Order for Dismissal upon terms whereby WMWI agreed to pay $6260 civil penalty and $41,740 forfeiture.

ITEM: 2
DATE: 08/10/83
VIOLATION: RCRA VIOLATIONS PLEA: CONSENT DECREE DISPOSITION: $35,000.00 PENALTY
SUMMARY:

SCA Chemical Services, Inc., CWM Chemical Services, Model City, New York. EPA alleged numerous hazardous waste violations including leaking containers, open containers, storage and handling violations.
ITEM: 3
DATE: 09/30/83
VIOLATION: RCRA AND TSCA VIOLATIONS
PLEA: CONSENT DECREE
DISPOSITION: $2,500,000.00 PENALTY
SUMMARY:

Waste Management Inc., Ohio Liquid Disposal, Vickery Division Vickery, Ohio. EPA alleged numerous TSCA and RCRA violations, especially dilution of PCB'S in large lagoons, in addition to storage, labelling and disposal requirements violations. A complaint seeking $6.8 million was filed. Case settled in April, 1985 with $2,500,000.00 penalty. This may be the same as item 10, attachment 6.
ITEM: 4
DATE: 05/31/84
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

Case filed in District Court, State of Michigan, against Michigan Waste Systems, Inc., alleging that the company failed to provide required amount of daily cover for the landfill site.

On January 22, 1985D case was dismissed after agreement with the prosecuting attorney.

ITEM: 5
DATE: 01/15/85
VIOLATION: RCRA VIOLATIONS
PLEA: SUMMARY JUDGEMENT
DISPOSITION: $40,000.00 FINE
SUMMARY:

Chemical Waste Management Inc., Denver-Arapahoe Chem Waste Pro. Co., Aurora, Co. EPA alleged groundwater and reporting violations.
ITEM: 6
DATE: 04/01/85
VIOLATION:CLEAN AIR ACT VIOLATION
PLEA: CONSENT DECREE
DISPOSITION: $8,500.00 FINE
SUMMARY:

Waste Management of Wisconsin, Inc., Omega Hills North Landfill, Germantown, WI. EPA alleged failure to comply particulate emissions limits. Fined and required to pave one of the roads into the facility.
ITEM: 7
DATE: 04/09/85
VIOLATION: RCRA VIOLATIONS
PLEA: NONE
DISPOSITION: $2,000.00 PENALTY
SUMMARY:

Case filed in Town Court of Whitestown, New York, against Mohawk Valley Sanitation, Inc., alleging that hauling company disposed of 55 gallon drums into hardfill landfill.

Case closed on April 9, 1985, with $2,000 penalty.

ITEM: 8
DATE: 04/15/85
VIOLATION: CLEAN AIR ACT
PLEA: CONSENT DECREE
DISPOSITION: $8,500.00 CIVIL PENALTY
SUMMARY:

Case filed in U.S. Distrist Court against Waste Management of Wisconsin, Inc., regarding the Omega Hills Landfill. Case alleged that Omega Hills Landfill emitted particular matter into the ambient air so as to contribute to exceedance of national and secondary ambient air quality standards, as recorded by site monitoring equipment on 34 dates from 05/08/81 through 10/03/84.

Case closed on September 12, 1986, by Consent Decree whereby Waste Management of Wisconsin, Inc., agreed to institute a program to reduce emissions and pay a $8,500 civil penalty.

ITEM: 9
DATE: 06/14/85
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NOT GUILTY
DISPOSITION: CASE DISMISSED
SUMMARY:

Case filed by New York Department of Environmental Conservation against Waste Management of New York-Utica. Case alleged Waste Management of New York-Utica relinquished to a facility without a valid permit Covering such waste and transported, collected and removed waste from its point of origin without a permit. Case closed in 1985 with Waste Management of New York-Utica plead not guilty, paying a $100 fee on appearances and case was then dismissed.
ITEM: 10
DATE: 07/25/85
VIOLATION: PERMIT
PLEA: NONE
DISPOSITION: $1,500.00 CIVIL PENALTY
SUMMARY:

Case filed by State of New York against SCA Services, Inc., doing business as Mohawk Valley Sanitary Landfill. Case alleged Mohawk Valley Landfill accepted special waste without having the proper permits as required by New York Law.

Case closed on 12/12/85 with civil penalty in the amount of $1,500.

ITEM: 11
DATE: 08/22/85
VIOLATION: OPERATIONAL VIOLATION
PLEA: CONSENT DECREE
DISPOSITION: $5,000.00 PENALTY
SUMMARY:

Case filed by State of Illinois against SCA Services of Illinois, Inc., regarding the Chain of Rocks Landfill. Case alleged that Chain of Rocks landfill failed to place daily cover on exposed refuse and failed to collect and dispose of litter.

Case closed on January 6, 1988 by Consent Decree and the payment of $5,000 penalty.

ITEM: 12
DATE: 09/03/85
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: CASE DISMISSED
DISPOSITION: $2,000.00 PENALTY
SUMMARY:

Case filed in Los Angeles Municipal Court against Waste Management of California. Case alleged Waste Management was using coatings with excessive VOC content in spray booth. Case dismissed on October 14, 1986 with Waste Management paying a $2,000 penalty.
ITEM: 13
DATE: 04/11/86
VIOLATION: PERMIT
PLEA: STIPULATION
DISPOSITION: $800,000.00 FINE
SUMMARY:

Case filed by State of Wisconsin against Waste Management of Wisconsin, Inc., regarding the Omega Hills Landfill, North Germantown, Wisconsin.

Case alleges that Waste Management failed to comply with leachate head level requirements in the original and modified plans of operations for Omega Hills North; leachate has contaminated nearby groundwater; failure to properly operate the site by using fill areas in a sequential manner; deficient groundwater monitoring program; failure to submit an adequate closure plan.

Case closed on April 3, 1989, by stipulation and judgement whereby Waste Management agreed to conduct certain remedial activities and pay fines and forfeitures of $800,000 over four years.

ITEM: 14
DATE: 06/10/86
VIOLATION: CERCLA VIOLATIONS
PLEA: CONSENT DECREE
DISPOSITION: $1,200,000.00 PENALTY
SUMMARY:

Case filed by EPA against SCA Services of Indiana, Fort Wayne Reduction Dump, Fort Wayne, Indiana. The remedy required by the ROD calls for excavation and off-site incineration of drums, reconsolidation and capping of contaminated soils, groundwater collection and treatment at the western portion of the site to prevent migration of contaminated groundwater into the nearby river, and monitoring of groundwater in perpetuity.
ITEM: 15
DATE: 06/23/86
VIOLATION: :
PLEA: APC REGULATIONS
DISPOSITION: NONE $100.00 & COURT COST
SUMMARY:

Case filed in District Court, Jefferson County, Kentucky, against Waste Management of Kentucky, Inc. Case alleges violations of APC Regulations 6.05 Section 2(c) by causing the discharge of fugitive dust inexcess of 20% opacity.

Case closed on 08/05/86 with Waste Management of Kentucky paying $100.00 and court cost.

ITEM: 16
DATE: 09/09/86
VIOLATION: AIR POLUTION VIOLATION
PLEA: NONE
DISPOSITION: NONE
SUMMARY:

Case filed in the District Court of Harms County by Harms County and the State Texas against Atascocita Development Corporation, et al. Case alleges that the defendent, Atascocita Dev. Corp operated the Atascocita Road Landfill in such a manner as to violate rules and regulations of the Texas Air Control Board, Article 4477-5, V.A.T.S., by allowing or permitting emissions of one or more air contaminants; alleged emissions caused nuisance odor.

As of 04/18/89, the County has taken no further action in prosecut~ng this suit. Atascocita continues to work with, and provide status reports to, the Harris County Pollution Control Department on implementation of a landfill odor assessment and control program.

ITEM: 17
DATE: 06/08/87
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: PLEA AGREEMENT
DISPOSITION: $685.00 FINE
SUMMARY:

Case filed by Maricopa County Air Polution Control Board against Waste Management of Phoenix regarding 27th Avenue Landfill. Case alleged failure to take reasonable precautions to effectively prevent fugitive dust from becoming airborne.

Case closed on 11/29/88 by PLEA agreement with Waste Management paying a fine of $500 plus 37% surcharge for a total of $685.00. (This case may be duplicated in Attachment 6 Item #33.)

ITEM: 18
DATE: 09/29/87
VIOLATION: RCRA VIOLATIONS
PLEA: CONSENT DECREE
DISPOSITION: $750,000.00 PENALTY
SUMMARY:

Case filed by EPA against Chemical Waste Management, Ohio Liquid Disposal, Vikery, Ohio. In addition to the fine partial closure of plant was ordered, for numerous violations, including groundwater monitoring, permit violations, reporting violations, admin. violations, build ups of metal, waste oil and PCB's. Chemical Waste Management paid a penalty of $750,000.00.
ITEM: 19
DATE: 12/11/87
VIOLATION: PERMIT VIOLATIONS
PLEA: NONE
DISPOSITION: $1,100.00 PENALTY
SUMMARY:

Case filed in Kent County Circuit Court, State of Michigan, which alleged that Waste Management hauled recycleables to a recycling center in Kent County without the required Michigan Public Service Commission permit.

Case closed on May 15,1988 with Michigan Waste Systems paying a $1,100 penalty.

ITEM: 20
DATE: 02/22/88
VIOLATION: PUBLIC HEALTH NUISANCE
PLEA: NONE
DISPOSITION: NONE
SUMMARY:

Case filed in Camden Township Court, New Jersey by Robert Pirrotts of the Camden County Health Department against O'Connor Corporation. Case alleges a violation of a public health nuisance code, odors from a partially filled trash truck left overnight.

Settlement was pending as of October, 1989.

ITEM: 21
DATE: 04/12/88
VIOLATION: PERMIT VIOLATIONS
PLEA: GUILTY
DISPOSITION: $22,500.00 FINE, PLUS
SUMMARY:

Case filed by Ontario Ministry of the Environment, Canada, against York Sanitation, a division of Waste Management of Canada, Inc. Case alleged the York Sanitation failed to operate a waste management system in accordance with conditions set out in the provisional certificate of approval #8454 by delivering waste to a disposal site other than the one identified, specifically, Innisfil Landfill.

Waste Management of Canada, Inc., plead guilty to nine outstanding charges on April 3, 1989. Court imposed fine of $22,500 plus $750 in court cost.

ITEM: 22
DATE: 05/10/88
VIOLATION: CITY ORDINANCE
PLEA: AGREEMENT
DISPOSITION: DISMISSED
SUMMARY:

Case filed by City of Moraine, State of Ohio, against Pinnacle Road Landfill, Inc. Case alleged borrowing of soils on 16 acre tract at landfill which violated city soil removal and erosion control ordinances.

Case closed on June 27, 1988, by agreement for entry of dismissal without prejudice. Pinnacle Road Landfill agreed to submit plans for sedimentation and erosion control to the city.

ENVIRONMENTAL CIVIL CASE SUMMARY

TOTAL ITEMS: 22
TOTAL STATES INVOLVED: 12 PLUS CANADA
TOTAL FINES PENALTIES AND SETTLEMENT COST: $5,424,885.00

ATTACHMENT 6: WASTE MANAGEMENT ADMINISTRATIVE CASES

Go back to Attachment List

ITEM: 1
DATE: 01/16/79
VIOLATION: GENERAL FACILITY REQ.
PLEA: CONSENT DECREE
DISPOSITION: $15,000.00 PENALTY
SUMMARY:

SCA Chemical Waste Services, Model City1 NY.

EPA alleged violations of General Facility Requirements dealing with TSCA/6E PCB markings and disposal regulations.

ITEM: 2
DATE: 11/19/80
VIOLATION: GENERAL FACILITY REQ
PLEA: CONSENT DECREE
DISPOSITION: $13,500.00 PENALTY
SUMMARY:

SCA Chemical Waste Services, Model City, NY.

EPA alleged violations of General Facility Requirements dealing with TSCA/6E PCB marking and disposal regulations.

ITEM: 3
DATE: 02/24/84
VIOLATION: GENERAL FACILITY REQ.
PLEA: CONSENT DECREE
DISPOSITION: $20,000.00 PENALTY
SUMMARY:

SCA Chemical Services, Inc., Model City, NY.

EPA alleged violations of General Facility Requirements dealing with TSCA/6E PCB markings and disposal regulations.

ITEM: 4
DATE: 02/24/84
VIOLATION: GENERAL FACILITY REQ.
PLEA: CONSENT DECREE
DISPOSITION: $18,000.00 PENALTY
SUMMARY:

SCA Chemical Services, Inc., Model City, NY.

EPA alleged violations of General Facility Requirements dealing with TSCA/6E PCB markings and disposal regulations.
ITEM: 5
DATE: 06/28/84
VIOLATION: RCRA VIOLATIONS
PLEA: DISMISSED AFTER FINE
DISPOSITION: $2,475.00 PENALTY
SUMMARY:

Waste Management, Inc., Lyncott Corporation, New Milford, PA. EPA alleged violations of RCRA /3008A. Case voluntarily dismissed after fine.
ITEM: 6
DATE: 07/06/84
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: APPEALING
SUMMARY:

USEPA-Region V alleged that Michigan Waste Systems, Inc., failed to monitor groundwater. Administrative Order seeks monitoring wells in clay fill. Michigan Waste Systems, Inc., is appealing the Order.
ITEM: 7
DATE: 07/06/84
VIOLATION: RCRA VIOLATION
PLEA: SOURCE AGREEMENT
DISPOSITION: $15,000.00 PENALTY
SUMMARY:

Chemical-Security Systems, Inc., Chemical Waste Management of the Northwest, Arlington, Oregon. EPA alleged TSD facility failed to submit complete part B permit application in a timely manner.
ITEM: 8
DATE: 11/13/84
VIOLATION: FIFRA VIOLATION
PLEA: SOURCE AGREEMENT
DISPOSITION: $4,000.00 PENALTY SUMMARY:

Torco Pest and Terminate Control Company. Columbus, Ohio. EPA filed an action alleging violation of FIFRA 14. Respondent agreed and paid fine of $4,000.00.
ITEM: 9
DATE: 01/24/85
VIOLATION: TSCA VIOLATIONS
PLEA: SOURCE AGREEMENT
DISPOSITION: $2,500,000.00 PENALTY SUMMARY:

Chemical Waste Management, Inc., Hinsdale, IL. EPA report is not specific, however, Seattle report list a case in the same time frame and with the same penalty. This case grew out of mixing PCBs with oil and selling the solution which was sprayed on the roadway. Seattle report identifies site as Vickery, Ohio.
ITEM: 10
DATE: 04/05/85
VIOLATION: RCRA VIOLATION
PLEA: SOURCE AGREEMENT
DISPOSITION: $2,000,000.00 PENALTY **
SUMMARY:

Chemical Waste Management, Ohio Liquid Disposal, Vickery Division, Vickery, Ohio. Case involves hazardous waste left in lagoons. Total amount of $2 million dollars paid in full. This may be the same as item #3, attachment 5.
ITEM: 11
DATE: 05/31/85
VIOLATION: RCRA/SUPERFUND 106
PLEA: NONE
DISPOSITION: SLUDGE REMOVAL
SUMMARY:

Chemical Waste Management of Kansas; Valley Cent, Kansas. Remedial design in process. Some of the evaporation ponds linked to construction of aboveground storage cell for the disposal of E-pond sludge. Last proposal to temporarily store sludge over winter.
ITEM: 12
DATE: 05/31/85
VIOLATION: RCRA VIOLATION
PLEA: CONSENT DECREE
DISPOSITION: $15,000.00 PENALTY
SUMMARY:

SCA Chemical Services, Inc., Chemical Waste Management, Model City, NY. EPA alleged failure to properly monitor ground water.
ITEM: 13
DATE: 06/07/85
VIOLATION: RCRA VIOLATIONS
PLEA: SOURCE AGREEMENT
DISPOSITION: $125,000.00 PENALTY
SUMMARY:

EPA alleged that Chem-Security Systems, Inc., Chem Waste Management of the Northwest, Arlington, Oregon, violated RCRA regulations. $125,000.00 penalty assessed. This item may be the same as Attachment 7, item 40.
ITEM: 14
DATE: 07/16/85
VIOLATION: TSCA VIOLATION
PLEA: SOURCE AGREEMENT
DISPOSITION: $235,000.00 PENALTY
SUMMARY:

Chemical-Security Systems, Inc., Chemical Waste Management of the Northwest; Arlington, Oregon. EPA alleged violations of PCB's Regulations. Ordered to pay penalty. EPA to conduct quarterly PCB audits for one year according to work plan. This item may be the same as Attachment 7, item 39.
ITEM: 15
DATE: 10/13/85
VIOLATION: HEALTH DEPT. REGULATIONS
PLEA: STIPULATION/CONSENT
DISPOSITION: $200.00 FINE
SUMMARY:

Complaint filed on 10/13/85, 10/25/85, 01/08/86 and 01/23/86 by Wayne County Department of Health against Michigan Waste Systems, Inc., Woodlands Meadows Landfill-South. Complaint alleges violations of Health regulation regarding road maintenance and odors.

On 01/24/86, both parties entered into an order and stipulation whereby Michigan WasteSystems agreed to pay $200.00 in fines and plead "no contest" to the allegation concerning road maintenance.

On 05/29/86, both parties entered into an administrative consent order which resolved the odor violations.

ITEM: 16
DATE: 11/05/85
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: CONSENT ORDER
DISPOSITION: $1,200.00 PENALTY
SUMMARY

Complaint filed by South Carolina Department of Health and Environmental Control against SCA Services of South Carolina, Inc., Waste Management of South Carolina. Complaint alleges failure to provide verification of financial responsibility for sudden and accidential occurrences; storage of electroplating sludge in excess of permitted storage period; failure to accurately document origin and intended disposal facility for electroplating waste; and failure to implement an approved personnel training program. On December 18, 1985, both parties entered into Consent Order assessing $1,200.00 penalty and acknowledging that; compliance was achieved.
ITEM: 17
DATE: 11/06/85
VIOLATION: RCRA VIOLATIONS
PLEA: SOURCE AGREEMENT
DISPOSITION: $30,000.00 PENALTY
SUMMARY

The action was taken because the facility had installed an inadequate groundwater assessment program under 40 CFR 265.93 and had not completed its certification of insurance properly.

Parties have reached agreement to settlement in principal.

CAFO to be redrafted. Agreement includes penalties of $30,000.00; groundwater assessment program; additional wells and admendment of certificate of insurance. Adams Center Sanitary Landfill, Chemical Waste Management, Fort Wayne, IND.

ITEM: 18
DATE: 01/10/86
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: PENDING
SUMMARY:

Complaint filed by Arkansas Department of Pollution Control and Ecology against Waste Management of Arkansas, Pine Bluff Landfill. Complaint alleges failure to identify and dispose properly of hazardous waste at a landfill not authorized to receive such waste.

Disposition pending as of 10/1989.

ITEM: 19
DATE: 03/19/86
VIOLATION: TSCA VIOLATIONS
PLEA: CONSENT DECREE
DISPOSITION: $15,000.00 PENALTY
SUMMARY:

Chemical Waste Management, Inc., Denver-Arapahoe Chemical Waste Pro. Aurora, Co. EPA alleged failure to properly dispose of PCB's (4) counts.
ITEM: 20
DATE: 03/28/86
VIOLATION: RCRA VIOLATIONS
PLEA: SOURCE AGREEMENT
DISPOSITION: $40,000.00 PENALTY
SUMMARY:

Wayne Disposal operates a landfill in Belleville, Michigan. Ford Motor Company owns the property upon which Wayne Disposal operates its landfill facility. Several RCRA inspections found Wayne Disposal to be operating in violation of RCRA regulations. The complaint cites those violations, and orders Wayne Disposal and Ford Motor Company to cease operating in violation of the regulations.
ITEM: 21
DATE: 04/11/86
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: CONSENT AGREEMENT
DISPOSITION: $6,000.00 PENALTY
SUMMARY:

Complaint filed by USEPA-Region V against Ohio Waste Systems, Inc., Evergreen Landfill. Complaint alleges Evergreen violated the shipping manifest regulations and had an inadequate groundwater assessment plan.

On 01/24/88, both parties entered into a consent agreement and final order whereby OWS agreed to pay a civil penalty in the amount of $6,000.00; submit an assessment report including a determination of whether hazardous waste or hazardous waste constituents are in the groundwater at the Evergreen Facility and if so, the concentration, rate and extent of inigration.

ITEM: 22
DATE: 04/11/86
VIOLATION: RCRA VIOLATIONS
PLEA: LITIGATED
DISPOSITION: $8,425.00 FINE
SUMMARY:

EPA Alleged that respondent is in violation of groundwater monitoring regulations, in particular 40 CFR 265.93 by failure to submit an adequate groundwater assessment plan. Facility is in closure.

Respondent is Ohio Waste System of Toledo, Ohio.

ITEM: 23
DATE: 06/30/86
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: COMPLIANCE ORDER
DISPOSITION: $8,000.00 PENALTY
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company, Magnolia Sanitary Landfill. Compliance order issued stemming from a inspection which occurred on 06/17/86. Inspection report alleged insufficient daily cover and contaminated surface water. Compliance order suggest penalty of $8,000.00.

On 07/30/86, a response was filed to the compliance order, outlining how compliance was achieved.

On 10/23/86, $8,000.00 penalty was paid.

ITEM: 24
DATE: 07/18/86
VIOLATION: APPLICATION VIOLATION
PLEA: NONE
DISPOSITION: PENDING
SUMMARY:

Complaint filed by USEPA-Region V against Waste Management of Illinois, Inc., E.S.I. Facility. Complaint alleges deficiencies in the Part B application for E.S.I.

Disposition pending as of 10/89.

ITEM: 25
DATE: 07/21/86
VIOLATION: RCRA VIOLATIONS
PLEA: RCRA VIOLATIONS
DISPOSITION: UNKNOWN
SUMMARY:

Complaint filed alleging failure to submit adequate part (B) permit application. The application allegedly contained deficient groundwater monitoring information and was a violation of the RCRA. Respondent is Waste Management of Ill., Inc.
ITEM: 26
DATE: 09/16/86
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $10,000.00 PENALTY
SUMMARY:

Complaint filed by LDEQ against Recovery I, Inc., New Orleans, LA. Complaint alleges permit violations by surface water and mismanagement leachate, litter, levee in disrepair and other repetitive or minor violations.

Compliance order issued.

On 10/22/86, Recovery I, Inc., filed a response to the compliance order, setting forth a compliance schedule and paying a $10,000.00 penalty.

ITEM: 27
DATE: 09/22/86
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: PENDING
SUMMARY:

Complaint filed by USEPA-Region V against Waste Management of Illinois, Inc, CID Chemical Waste Management Inc. Complaint alleged failure to implement groundwater monitoring program required by RCRA.

Disposition pending as of 10/89.

ITEM: 28
DATE: 10/06/86
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: SETTLEMENT AGREEMENT
DISPOSITION: $300.00 PENALTY
SUMMARY:

Complaint filed by Regional Air Pollution Control Agency against the Pinnacle Road Landfill. Complaint alleges observations on a release of visible emissions of asbestos containing waste. On August 19, 1986, Ohio EPA issued a letter directing Pinnacle Road Landfill to cease acceptance of asbestos containing waste.

On 01/09/87, both parties entered a settlement agreement whereby Pinnacle Road Landfill agreed to continue to follow the OHIO EPAguidelines for asbestos waste acceptance and disposal; $300.00 penalty paid.

ITEM: 29
DATE: 10/09/86
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $18,000.00 PENALTY
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company and the City of New Iberia Landfill. Complaint alleges AWPCC failed to apply required daily cover as outlined in compliance order, dated March 31, 1986.

Complaint resolved with AWPCC entering into an agreement and paying $18,000 settlement.

ITEM: 30
DATE: 01/01/87
VIOLATION: FIFRA VIOLATION
PLEA: SOURCE AGREEMENT
DISPOSITION: $27,000.00 PENALTY
SUMMARY

EPA alleged that Mighigan Waste System violated sections of FIFRA.' Case settled with Michigan Waste Systems paying $27,000.00.
ITEM: 31
DATE: 03/19/87
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: VIOLATION CORRECTED
SUMMARY:

Complaint filed by City of Los Angeles against Valley Reclamation Company, Bradley West Landfill, Sun Valley, California. Complaint alleges refuse was not covered at the end of the day.

Complaint settled after follow-up inspection and violation corrected.

ITEM: 32
DATE: 05/01/87
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $11,000.00 PENALTY
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company, Magnolia Sanitary Landfill. Complaint alleges permit violations regarding receiving and monitoring of incoming special waste, and failure to follow contingency plan.

Compliance order issued on 05/01/87 and civil penalty assessed on 07/17/87 for $11,000.00.

On 07/25/87, company paid civil penalty of $11,000.00.

ITEM: 33
DATE: 06/03/87
VIOLATION: STATE AIR LAWS
PLEA: SETTLEMENT
DISPOSITION: $278.00
SUMMARY:

On 06/03/87, Maricopa County Air Pollution Bureau, State of Arizona, filed a complaint against Oakland Scavenger Company, Waste Management of Phoenix-South. The complaint alleges two separate occasions of violations of the state air laws due to fugitive dust emissions from the 27th Avenue Landfill.

On 07/21/87, per a pre-litigation settlement agreement: Defendant paid $139.00 for each violation. Agreement also stated that no future NOV's would be issued as long as Waste Management remains in compliance. (This case may be duplicated under Attachment 5, Item #17).
ITEM: 34
DATE: 06/19/87
VIOLATION: PUBLIC ACT 84-1320
PLEA: NONE
DISPOSITION: $500.00 CIVIL
SUMMARY:

Complaint filed Illinois Pollution Control Board against Waste Management of Illinois, Inc, Woodland Sanitary Landfill. Complaint alleges violation of Public Act 84-1320, based on a site inspection on 04/30/87 which observed refuse that remained uncovered from a previous day.

On 04/21/88, an Administrative Order issued to dismiss without admitting or denying the allegations. Civil penalty paid by Waste Management of Illinois, Inc., in amount of $500.00.

ITEM: 35
DATE: 06/24/87
VIOLATION: RCRA VIOLATION
PLEA: UNKNOWN
DISPOSITION: $27,000.00 PENALTY
SUMMARY:

Waste Management of Peoria, Ill., settled for alleged violations of Res. Conserv. and Rec. Act.
ITEM: 36
DATE: 06/25/87
VIOLATION: USEPA-Region V
PLEA: CONSENT ORDER
DISPOSITION: $27,000.00 CIVIL PENALTY
SUMMARY:

Complaint filed by USEPA-Region V against Michigan Waste Systems, Inc., Woodland Meadows Landfill-North. Complaint alleges unapproved waste piles resulting from the installation of a gas recovery system.

On June 25, 1987, Consent order whereby Michigan Waste Systems, Inc., agreed to submit a closure plan for the removal of the waste pile and pay a civil penalty of $27,000.

ITEM: 37
DATE: 07/21/87
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: $500.00 CIVIL FEE

SUMMARY:

Complaint filed by Illinois Pollution Control Board against Waste Management of Illinois, Greene Valley Landfill. Complaint alleges site inspection noted that refuse left uncovered from previous day.

Complaint settled by Waste Management of Illinois paying a civil penalty of $500.00 on 04/21/88.

ITEM: 38
DATE: 08/13/87
VIOLATION: RCRA VIOLATION
PLEA: UNKNOWN
DISPOSITION: $l8,240.00 PENALTY
SUMMARY:

SCA Chemical Services, Inc., Chicago, Ill reached agreement with the EPA, which called for penalty assessment and required groundwater monitoring. (This case may be a duplication under Attachment 7, Item #56).
ITEM: 39
DATE: 08/26/87
VIOLATION: LA MUNICIPAL CODE
PLEA: NONE
DISPOSITION:PENDING
SUMMARY:

Complaint filed by City of Los Angeles, Bureau of Sanitation against Valley Reclamation Company, Bradley West Landfill, Sun Valley. Complaint alleges Valley has violated L.A. Municipal Code for failure to control gas migration at the site.

Disposition pending as of 10/1989.

ITEM: 40
DATE: 10/09/87
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: SETTLEMENT
SUMMARY:

Complaint filed by LEDQ against American Waste and Pollution Control Company, Lafayette Landfill. Complaint alleges that inadequate cover, surface water and litter violations.

Complaint resolved by settlement agreement.

ITEM: 41
DATE: 10/15/87
VIOLATION: ODOR VIOLATIONS
PLEA: SETTLEMENT AGREEMENT
DISPOSITION: $1,625.00 PENALTY
SUMMARY:

Complaint filed by Broward County Environmental Quality Control Board against Waste Management Inc., of Florida, Central Disposal, Pompano Beach, Florida. Complaint alleges Central Disposal caused, allowed or permitted the discharge of air pollutants which contributed to an objectionable odor.

Complaint settled by agreement and payment of penalty of $1,625.00 on 02/19/88.

ITEM: 42
DATE: 12/22/87
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: VIOLATION CORRECTED
SUMMARY:

Complaint filed by City of Los Angeles, Bureau of Sanitation, against Valley Reclamation Company, Bradley West Landfill, Sun Valley, California. Complaint alleges failure to cover refuse at end of day.

Complaint settled after follow-up inspection and violation corrected.

ITEM: 43
DATE: 12/22/87
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LDEQ against AWPCC/Waste Management of South Louisiana, Inc. Complaint alleged discharge without a permit, absence of secondary containment, oil spills contaminating soil.

Compliance order issued and on 01/25/88, AWPCC filed a response stating the action to be taken to comply with the order.

ITEM: 44
DATE: 02/10/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company and Waste Management of Central Louisiana. Complaint alleged contingency plan not available; inadequate training plan and failure to apply for a new generator facility number when facility moved.

On 03/07/88, AWPCC filed a response, addressing the issues identified in the compliance order.

ITEM: 45
DATE: 02/25/88
VIOLATION: STATE MINIMUM STANDARDS
PLEA: NONE
DISPOSITION: RESOLVED
SUMMARY:

Complaint filed by California Waste Management Board against Valley Reclamation Company, Bradley West Landfill. Complaint alleges violation of State Minimum Standards: section 17660- Internal Roads (mud on hauling roads), section 17710- Grading of fill surfaces, during rain, small ponds were observed on current lift, and section 17708-Draining and Erosion Control. Inspector misinterpreted existing drainage conditions.

Complaint settled by written response; no further agency action.

ITEM: 46
DATE: 03/03/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LEDQ against American Waste and Pollution Control Company and Waste Management of St. Tammany. Complaint alleges that on October 7, 1987, an inspection observed the discharge of contaminated wastewater from a truck wash and package treatment plant.

AWPCC filed a responce to the compliance order, outlining action to be taken in terms of the compliance order.

ITEM: 47
DATE: 03/03/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $10,000.00 PENALTY
SUMMARY:

Complaint filed by NYDEC against Genessee Valley Waste Systems, Inc. Complaint alleges GVWS operated a storage area for solid waste without a valid permit.

On 12/16/88, a civil penalty of $10,000.00 was assessed and paid.

ITEM: 48
DATE: 03/09/88
VIOLATION: TSCA VIOLATIONS
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

EPA alleged possible UIC and PCB related violati9ns. Chemical Waste Management, Ohio Liquid Disposal, Vickery Div.
ITEM: 49
DATE: 03/11/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $23,000.00 SETTLEMENT
SUMMARY:

Complaint filed by NJDEP against Interstate Waste, Inc., Parklands Reclamation Project. Complaint alleges violations of odor regulations.

On 01/04/89, Administrative Order issued with settlement for $23,000.00.

ITEM: 50
DATE: 03/14/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: ADMINISTRATIVE ORDER
SUMMARY:

Complaint filed by New Hampshire Department of Environmental Services against Waste Management of New Hampshire, Inc., Turnkey Landfill. Complaint alleges failure to maintain layer of the required cover material which had not been placed over exposed refuse.

On March 25, 1988, Administrative Order issued and immediate corrective action taken by Waste Management.

ITEM: 51
DATE: 04/07/88
VIOLATION: UNACCEPTABLE REFUSE
PLEA: NONE
DISPOSITION: VIOLATION CORRECTED
SUMMARY:

Complaint filed by City of Los Angeles, Bureau of Sanitation, against Valley Reclamation Company, Bradley West Landfill, Sun Valley, California. Complaint alleges unacceptable refuse being dumped, one (1) 55-gallon drum containing waste oil residue and three (3) one-gallon cans of latex house paint dumped at working face but not buried.

Complaint settled by removal to approved disposal facility.

ITEM: 52
DATE: 04/13/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

Complaint filed by Illinois Pollution Control Board against Waste Management of Illinois, Inc., Tazewell County Landfill. Complaint alleges failure to collect and contain litter from site.

Complaint dismissed as defective.

ITEM: 53
DATE: 04/25/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

Complaint filed by LDEQ against Kelvin Landfill alleging that in the matter of the Jefferson Davis Landfill, construction of proposed expansion was being done without a permit.

Complaint dismissed. LDEQ adopted administrative law judge's finding of facts and conclusions of law and entered an order providing that no penalties were to be assessed and the matter was dismissed with prejudice.

ITEM: 54
DATE: 04/28/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $1,000.00 CIVIL
SUMMARY:

Complaint filed by Illinois EPA against Waste Management of Illinois, Wheatland Prairie Landfill. Complaint alleges site inspection noted uncovered refuse remaining from the previous day and inadequate depth of daily cover.

Complaint settled with payment of $1,000.00 in civil penalties.

ITEM: 55
DATE: 05/11/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $500.00 CIVIL
SUMMARY:

Complaint filed by Illinois Pollution Control Board against Waste Management of Illinois, Inc., Kankakee Landfill. Complaint alleges site inspection noted uncovered refuse remaining from a previous operating day.

Complaint settled by payment of $500.00 civil penalty.

ITEM: 56
DATE: 05/17/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $500.00 CIVIL
SUMMARY:

Complaint filed by Illinois Pollution Controll Board against Waste Management of Illinois, Inc., Tazewell County Landfill. Complaint alleges failure to collect and contain litter from the site by the end of each day.

Complaint settled by payment of $500.00 civil penalty by Waste Management of Illinois, Inc.

ITEM: 57
DATE: 05/23/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $10,000.00 PENALTY
SUMMARY:

Complaint filed by NYDEC against Genessee Valley Waste Systems, Bestway Disposal Facility, NY. Complaint alleges Bestway stored nine rolloff containers of drummed waste that were not tarped; that liquid was observed being released. On 12/15/88, Administrative Consent Order issued and civil penalty of $10,000.00 paid.
ITEM: 58
DATE: 05/31/88
VIOLATION: ENVIRONMENTAL PROTECTION
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

Complaint filed by Madison County Environmental Control Department against Waste Management of Illinois, Inc., Chain of Rocks Landfill. Complaint alleges violation of the Illinois Environmental Protection Act in that during the 05/16/88 inspection1 the following were observed: Insufficient operable equipment to comply with the permit, act or regulations, uncovered refuse remaining from the previous day, and inadequate depth of the daily coverage.

Complaint dismissed on 07/16/88.

ITEM: 59
DATE: 06/10/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: CONSENT DECREE
DISPOSITION: $10,000.00 PENALTY
SUMMARY:

Complaint filed by Georgia Department of Natural Resources against Georgia Waste Systems, Rolling Hills Landfill. Complaint alleges landfill was operated in violation of certain rules for solid waste management relating to daily cover and bird control. Complaint issued on 06/10/88, 07/01/88, 10/07/88 and 11/30/88.

Complaint settled on 02/28/89 by Consent Order requiring payment of $10,000.00 penalty.

ITEM: 60
DATE: 07/13/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company regarding Jefferson Davis Landfill. Complaint alleged that inspection on July 13, 1988 revealed that soil cover was inadequate.

On 09/30/88, compliance order issued requiring adequate cover to be applied daily.

ITEM: 61
DATE: 07/14/88
VIOLATION:CLEAN AIR ACT
PLEA: INFO REQUEST ONLY
DISPOSITION: CONCLUDED
SUMMARY:

Lakeview Landfill, East Erie, Pa. EPA seeking information from landfills regarding asbestos disposal in bribery cases.
ITEM: 62
DATE: 07/14/88
VIOLATION: CLEAN AIR ACT
PLEA: INFO REQUEST ONLY
DISPOSITION: CONCLUDED
SUMMARY:

Waste Management Services, Pottstown, PA. EPA seeking information from landfills regarding asbestos disposal in bribery cases.
ITEM: 63
DATE: 07/14/88
VIOLATION: CLEAN AIR ACT
PLEA: INFO REQUEST ONLY
DISPOSITION: CONCLUDED
SUMMARY:

SCA Chemical Services, Model City, New York. EPA seeking information from landfills regarding asbestos disposal in bribery cases.
ITEM: 64
DATE: 07/14/88
VIOLATION: CLEAN AIR ACT
PLEA: INFO REQUEST ONLY
DISPOSITION: CONCLUDED
SUMMARY:

EPA was seeking information from Modern Landfill regarding asbestos disposal in bribery cases. Modern Landfill P.O. Box 209 Model City, NY.
ITEM: 65
DATE: 07/15/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company and Woodside Landfill. Complaint alleged that construction commenced without prior approval and that geophysical shot hole was improperly plugged.

On 09/02/88, AWPCC filed a response, addressing the action referred in the compliance order.

ITEM: 66
DATE: 07/28/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: $6,000.00 SETTLEMENT
SUMMARY:

Complaint filed by NJDEP against The O'Connor Corporation, Blackwood, New Jersey. Complaint alleges noise problems at the facility.

$6,000.00 settlement.

ITEM: 67
DATE: 08/12/88
VIOLATION: ILLINOIS EPA
PLEA: NONE
DISPOSITION: $500.00 CIVIL FINE
SUMMARY:

Complaint filed by Illinois EPA against Waste Management of Illinois, Greene Valley Landfill. Complaint alleges site inspection noted that refuse from previous day was left uncovered.

Complaint settled by Waste Management of Illinois paying a $500.00 civil penalty.

ITEM: 68
DATE: 09/01/88
VIOLATION: TSCA VIOLATIONS
PLEA: CONSENT DECREE
DISPOSITION: $45,000.00 FINE
SUMMARY:

EPA filed complaint against Chemical Waste Management of Oak Brook, Ill., alleging five counts of violations of TSCA and regulations promulgating there from; improper PCB storage container; failure to date PCB container; failure to mark one PCB container with ML mark. Complaint also alleges three counts of improper disposal of PCB's.

In addition to paying fine of $45,000.00, CWM also completed a cleanup directive from the EPA at the site.

ITEM: 69
DATE: 9/09/88
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $1,500.00 FINE
SUMMARY:

Complaint filed by Pennsylvania Department of Environmental Resources filed a complaint against Lakeview Landfill, Parrie Pennsyvania. Complaint alleges failure to prevent accelerated erosion and install proper erosion control measures during earthmoving activities to install new lift stations.

On September 15, 1988 DER report noted that the final necessary erosion control measures were completed by September 7th. Fine paid 01/01/89; $1,500.00.

ITEM: 70
DATE: 09/18/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: $668 .00
SUMMARY:

Complaint filed by Bay Area Air Quality Management District, Livermore, California, against Oakland Scavenger Co, Altamont Landfill. Complaint alleges failure to operate flare. (2 counts)

Case settled by installation of extra alternator and payment of $334.00 on each notice.

ITEM: 71
DATE: 09/30/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LEDQ against American Waste and Pollution Control Company, Lafayette Landfill. Complaint alleged that contaminated water was allowed to run off into the buffer zone.

Complaint resolved by compliance with order by AWPCC on 10/17/88.

ITEM: 72
DATE: 10/04/88
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: $600.00 SETTLEMENT
SUMMARY:

Complaint filed by NJDEP against Gloucester Solid Waste Complex, Gloucester County, New Jersey. Complaint alleges spill of approximately 100 gallons of fuel from a tank.

On 06/28/89, settlement agreement for payment of $600.00.

ITEM: 73
DATE: 12/14/88
VIOLATION: TSCA VIOLATIONS
PLEA: UNKNOWN
DISPOSITION: $4,250.00 PENALTY
SUMMARY:

EPA filed a complaint against Chemical Waste Management alleging that they improperly disposed of an unknown amount of PCB's.
ITEM: 74
DATE: 12/16/88
VIOLATION: OPEPATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: ADMINISTRATIVE ORDER
SUMMARY:

Complaint filed by NJDEP against Waste Disposal, InC., New Jersey. Complaint alleges failure to submit a closure plan and recommends penalty of $7,500.00.

On 01/27/89, Closure plan submitted and penalty suspended.

ITEM: 75
DATE: 12/30/88
VIOLATION: ODOR VIOLATION
PLEA: NONE
DISPOSITION: CASE CLOSED
SUMMARY:

Complaint filed by Department of Health, Welfare and Bio-Environmental Services against Refuse Service, Inc of Jacksonville, Florida. Complaint alleges objectional odor violations. Citation closed on 07/28/89.
ITEM: 76
DATE: 03/23/89
VIOLATION: TSCA VIOLATION
PLEA: CONSENT DECREE
DISPOSITION: $8,500.00 FINE
SUMMARY:

Complaint against Chemical Waste Management Services, Inc., in Model City, New York. EPA alleges disposal of one drum of PCB contaminated waste in a land disposal unit which was not authorized for such disposal. Fine of $8,500.00 assessed.
ITEM: 77
DATE: 03/23/89
VIOLATION: TSCA VIOLATION
PLEA: CONSENT DECREE
DISPOSITION: $8,500.00 PENALTY
SUMMARY:

Complaint against Chemical Waste Management alleging that they improperly disposed one (1) drum of PCB contaminated waste in a land disposal unit which was not authorized for such disposal.
ITEM: 78
DATE: 05/01/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: VIOLATION CORRECTED
SUMMARY:

Complaint filed by South Coast Air Quality Management District against Valley Reclamation Company, Bradley West Landfill, Sun Valley, California. Complaint alleges emission of odors from working face. Complaint settled 05/08/89 as Valley Reclamation Company took immediate corrective action upon receipt of NOV.
ITEM: 79
DATE: 07/20/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: DISMISSED
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company, Alexandria Landfill. Complaint alleges inspection on 04/17/89 revealed large areas of exposed waste, improper leachate control, inadequate erosion protection and deficiencies with City's Operational plan relating to leachate control, waste management and disposal, daily cover, and vector control.

Appealed filed on 07/28/89 and case dismissed on l0/09/89.without prejudice.

ITEM: 80
DATE: 07/25/89
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: $486.00 PENALTY
SUMMARY:

Complaint filed by Bay Area Air Quality Management District against Oakland Scavenger Co., Altamont Landfill, Livermore, California. Complaint alleges caterpillar punctured pipe to electric generating facility at gas plant.

Complaint settled by payment of $486.00 Penalty.

ITEM: 81
DATE: 07/26/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: COMPLIANCE ORDER
SUMMARY:

Complaint filed by LDEQ against Waste Management of North America, Inc., Magnolia Landfill. Complaint alleges site records reveal containing selenium exceeded the maximum allowable limits that may be received at a solid waste facility.

On 08/18/89, AWPCC filed a response to the compliance order and requested a hearing if the response was not satisfactory.

ITEM: 82
DATE: 07/28/89
VIOLATION: OPERATIONAL VIOLATION
PLEA: OPERATIONAL VIOLATION
DISPOSITION: $952.00 PAID
SUMMARY:

Complaint filed by Washington Department of Ecology against Northwest Garbage Co, Inc. Complaint alleged that on 01/21/89, a fish kill occurred in Silver creek, Snohomish County, as a result of lot runoff and catch basin overflow from Northwest Garbage Company garbage.

On August 19, 1989, payment of damage claim for $952.00.

ITEM: 83
DATE: 08/03/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: NONE
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company. Complaint alleges company allowed discharge of inadequately treated sanitary waste water on 05/09/89.
ITEM: 84
DATE: 08/11/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: $487.00 PENALTY
SUMMARY:

Complaint filed by Bay Area Air Quality Management District against Oakland Scavenger Co., Altamont Landfill, Livermore, California. Complaint alleges earthmoving equipment ruptured landfill gas pipeline.

Complaint settled by payment of $487.00 penalty.

ITEM: 85
DATE: 09/02/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: PENDING
SUMMARY:

Complaint filed by USEPA-Region V against Ohio Waste Systems, Inc., Evergreen Landfill. Complaint alleges monitoring system is not capable of determining the facilities impact on the uppermost aquifer; failure to comply with the postclosure groundwater monitoring requirements; failure to include the required statistical evaluations in the 1987 ground water annual report.

Disposition Pending.

ITEM: 86
DATE: 09/12/89
VIOLATION: OPERATIONAL VIOLATIONS
PLEA: NONE
DISPOSITION: NONE
SUMMARY:

Complaint filed by LDEQ against American Waste and Pollution Control Company and Woodside Landfill. Complaint alleged a failure to provide LDEQ with requested copies of the facility's daily construction activity report.

On 09/21/89, AWPCC requested a hearing and no other information regarding this matter is available.

ITEM: 87
DATE: 09/29/89
VIOLATION: OPERATIONAL VIOLATION
PLEA: NONE
DISPOSITION: PENDING
SUMMARY:

Complaint filed by USEPA-Region V against Waste Management of Illinois, Inc., E.S.I. Complaint alleges failure to prepare adequate groundwater assessment plan. Disposition Pending.

ADMINISTRATIVE CASES SUMMARY:

TOTAL ITEMS LISTED: 87
TOTAL STATES INVOLVED: 13
TOTAL FINES, PENALTIES AND SETTLEMENT COST: $3,345,408.00
** This Item may be a duplication, the cost are not included in this section.

ATTACHMENT 7: CHEMICAL WASTE MANAGEMENT
JUDICIAL AND ADMINISTRATIVE ENVIRONMENTAL ACTIONS

Go back to Attachment List

ITEM: 1
DATE: 11/13/78
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $1,000.00 PENALTY
SUMMARY:

Alleged causation of noxious odors and unauthorized waste water discharge.

$1,000.00 penalty. (Complaint occurred prior to Chemical Waste Management purchasing company.)

ITEM: 2
DATE: 01/09/79
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $5,000.00 PENALTY
SUMMARY:

Alleged violations for odor emissions, improper fencing and other operating deficiencies.

$5,000.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining the company.)

ITEM: 3
DATE: 10/11/79
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV.CONS.
PENALTY: $9,000.00 PENALTY
SUMMARY:

Alleged odor emissions caused by pumping leachate.

$9,000.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining company.)

ITEM: 4
DATE: 03/06/80
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $7,500.00 PENALTY
SUMMARY:

Alleged odors released during construction.

$7,500.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining company.)

ITEM: 5
DATE: 01/08/81
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $2,750.00 CIVIL
SUMMARY:

Alleged allowance of leachate levels to exceed authorized levels.

$2,750.00 penalty. (Complaint occurred prior to Chemical Waste Management

obtaining company.)

ITEM: 6
DATE: 04/16/81
STATE: 04/16/81
AGENCY: OHIO U.S.E.P.A
PENALTY: $2,000.00 CIVIL
SUMMARY:

Alleged acceptance of hazardous waste from Canada without providing the required notice to EPA; alleged failure to prevent pond erosion and provide cover to a hazardous waste pile; alleged failure to submit a contingency plan to local authorities.

$2,000.00 civil penalty.

ITEM: 7
DATE: 09/18/81:
STATE: KANSAS
AGENCY: U.S.E.P.A.
PENALTY: $8,550.00 PENALTY
SUMMARY:

Alleged improper storage of PCB transformers and failure to maintain an annual record of PCBs handeled during 1978 and 1979.

$8,550.00 penalty. (complaint occurred prior to CWM acquisition of site)

ITEM: 8
DATE: 11/17/81
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS
PENALTY: $13,500.00 PENALTY
SUMMARY:

Alleged violations of PCB's regulations, including leaking storage drums; improper storage and labeling of articles containing PCB's; failure to report PCB storage tanks; allowance of leachate levels in a PCB storage cell to exceed the approved level.

$13,500.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 9
DATE: 04/16/82
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $7,500.00 CIVIL
SUMMARY:

Alleged discharge of lagoon liquid into a drainage ditch and failure to cover sludge and prevent off-site odors.

$7,500.00 civil penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 10
DATE: 05/14/82
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $10,000.00 CIVIL
SUMMARY:

Alleged noxious odor emissions.

$10,000.00 civil penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 11
DATE: 01/18/83
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $12,000.00
SUMMARY:

Alleged noxious odor emissions.

$12,000.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM:12
DATE: 03/29/83
STATE: ALABAMA
AGENCY: ALA. DEPT. OF ENV. MGMT.
PENALTY: $50,000.00 CIVIL
SUMMARY:

Alleged failure to complete leachate collection system in accordance with facility plan; alleged improper PCB storage; alleged improper "mapping" of waste within disposal cells.

$50,000 civil penalty, $100,000 reimbursement of costs to Alabama Department of Environmental Management.

ITEM: 13
DATE: 05/11/83
STATE: KANSAS
AGENCY: KANSAS DEPT. OF HEALTH & ENV.
PENALTY: $700.00 CIVIL
SUMMARY:

Alleged late payment of closure escrow account. $700.00 civil penalty.

ITEM: 14
DATE: 12/07/83
STATE: ALABAMA
AGENCY: U.S.E.P.A.
PENALTY: $13,500.00 CIVIL
SUMMARY:

Alleged failure: to have an organized inspection check for leaks from stored PCBs; to mark storage dates on containers; to install collector drain in storage area. Alleged storage of PCB drums on top of closed disposal cells. Alleged amount of spillage of drained material. Alleged crack in storage area floor.

$13,500.00 civil penalty.

ITEM:15
DATE:12/09/83
STATE: OREGON
AGENCY: U.S.E.P.A.
PENALTY: $3,00.00
SUMMARY:

Alleged solidification and burial of PCBs in violation of 40 CFR 761.60 (a)(l).

$3,500.00 penalty.

ITEM: 16
DATE: 02/22/84
STATE: COLORADO
AGENCY: U.S.E.P.A.
PENALTY: $40,990.00 CIVIL
SUMMARY:

Alleged failure: to maintain adequate inspection logs; to correct alleged leakage at a surface impoundment; to conduct proper groundwater monitoring; to maintain an up to date contingency plan.

$40,990.00 civil penalties.

ITEM: 17
DATE: 03/30/84
STATE: COLORADO
AGENCY: U.S.E. P.A
PENALTY: $1,500.00 PENALTY
SUMMARY:

Alleged failure to follow decontamination procedure in closure plan.

$1,500.00 penalty.

ITEM: 18
DATE: 05/22/84
STATE: OHIO
AGENCY: ATTORNEY GENERAL'S OFFICE
PENALTY: $10,000.00 PENALTY
SUMMARY:

Alleged operation error led to an annulus pressure differential less than that permitted.

$10,000.00 penalty.

ITEM: 19
DATE: 5/22/84
STATE: OHIO
AGENCY: ATTORNEY GENERAL'S OFFICE
PENALTY: $10,000,000.00 CIVIL
SUMMARY:

Alleged violation of permits on: deep well injection; failure to close surface impoundments; odor emissions; PCB nuisance; violations of state RCRA regulaions and permits; alleged unauthorized air polution emissions.

$5,000,000.00 civil penalty; $3,000,000.00 paid for permitting and inspection costs; $2,000,000.00 paid to Sandusky Co.

ITEM: 20
DATE: 05/25/84
STATE: NEW JERSEY
AGENCY: NEW JERSEY DEPT. ENV. PROTECTION
PENALTY: $15,700.00 CIVIL
SUMMARY:

Alleged storage of drums in unpermitted areas, storage of waste in excess of 90 days, and failure to maintain complete operating log.

$15,700.00 civil penalty. (Complaint occurred prior to Chemical Waste Management's acquisition of the company.)

ITEM: 21
DATE: 06/27/84
STATE: COLORADO
AGENCY: U.S.D.O.T.
PENALTY: $5,000.00 PENALTY
SUMMARY:

Alleged improper transport of hazardous materials.

$5,000.00 penalty.

ITEM: 22
DATE: 08/01/84
STATE: NEW JERSEY
AGENCY: NEW JERSEY SUPERIOR COURT
PENALTY: $1,025.00 FINE
SUMMARY:

Alleged knowledge of storage of hazardous waste without authorization from New Jersey Department of Environmental Protection. (Complaint occurred prior to purchase of company by Cheminal Waste Management.)
ITEM: 23
DATE: 08/20/84
STATE: COLORADO
AGENCY: U.S.E.P.A.
PENALTY: $70,000.00 CIVIL
SUMMARY:

Alleged: discharged of leachate sump pumping contrary to 06/15/82 order; failure to grade and maintain a drainage ditch; malfunctioning run on control system; deteriorated and improperly lidded storage drums; drum storage preventing inspection for leaks.

$70,000.00 civil penalty.

ITEM: 24
DATE: 09/28/84
STATE: OHIO
AGENCY: OHIO EPA
PENALTY: $40,000.00
SUMMARY:

Alleged mixing of incompatible waste in lagoons.

$40,000.00 penalty.

ITEM: 25
DATE: 11/27/84
STATE: OHIO
AGENCY: OHIO EPA
PENALTY: $8,000.00
SUMMARY:

Alleged violations of manifest regulations.

$8,000.00 penalty.

ITEM: 26
DATE: 12/19/84
STATE: ALABAMA
AGENCY: U.S.E.P.A
PENALTY: $600,000.00 CIVIL
SUMMARY:

Alleged violation of 40 CFR 761-65(a) regarding storage of PCB's beyond storage deadline. Amended complaint alleged RCRA violations of 40 CFR 265.74, 40 CFR 265.314, 40 CFR 365.90(c), 40 CFR 265.19(a) (2), and 40 CFR 265.15(d).

$600,000.00 civil penalty.

ITEM: 27
DATE: 01/28/85
STATE: NEW YORK
AGENCY: U.S.E.P.A
PENALTY:$367,500.00 CIVIL
SUMMARY:

Alleged disposal of sludge containing PCBs in excess of EPA approved levels and in violation of TSCA regulations.

$367,500.00 civil penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 28
DATE: 01/28/85
STATE: NEW YORK
AGENCY: U.S.E.P.A
PENALTY: $15,750.00 CIVIL
SUMMARY:

Alleged failure to complete annual PCB document for 1983.

$15,750.00 civil penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 29
DATE: 03/27/85
STATE: NEW YORK
AGENCY: U.S.E.P.A
PENALTY: $20,000.00
SUMMARY:

Alleged storage of PCB liquids in an unmarked area.

$20,000.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 30
DATE: 03/27/85
STATE: NEW YORK
AGENCY: U.S.E. P.A.
PENALTY: $18,000.00
SUMMARY:

Alleged improper disposal of PCB contaminated sludge.

$18,000.00 penalty. (Complaint occurred prior to Chemical Waste Management obtaining this company.)

ITEM: 31
DATE: 03/30/85
STATE: PENNSYLVANIA
AGENCY: PA DEPT. ENV. RESOURCES
PENALTY: $20,000.00 CIVIL
SUMMARY:

No description given.

$20,000.00 civil penalty, $70,000.00 contribution to Solid Waste Abatement Fund, payments made by Chemical Waste Management and Lyncott Corp.

ITEM: 32
DATE: 04/05/85
STATE: OHIO
AGENCY: U.S.E.P.A
PENALTY: $2,500,000.00
SUMMARY:

Alleged violations of RCRA and TSCA regulations for the treatment, storage and disposal of hazardous waste. $2,500,000.00 penalty.

This record may be a duplication of Attachment 6, item 10 and Attachment 5, item 3.

ITEM: 33
DATE: 08/08/85
STATE: NEW YORK
AGENCY: U.S.DISTRICT COURT,WESTERN DIS
PENALTY: $35,000.00 CIVIL
SUMMARY:

No description given.

$35,000.00 civil penalty.

ITEM: 34
DATE: 08/16/85
STATE: TEXAS
AGENCY: DISTRICT COURT, JEFFERSON CO
PENALTY: $1,000,000.00
SUMMARY:

Alleged violations of industrial waste permit.

$1,000,000.00 penalty.

ITEM: 35
DATE: 08/25/85
STATE: OHIO
AGENCY: OHIO EPA
PENALTY: $28,000.00 CONTRIBUTION
SUMMARY:

Alleged allowance of release of rain water that has fallen on stabilized hazardous waste; alleged failure to timely report incident.

$28,000.00 contribution to Ohio Hazardous Waste Special Cleanup Account.

ITEM: 36
DATE: 09/30/85
STATE: NEW YORK
AGENCY: U.S.E.P.A.
PENALTY: $15,000.00 CIVIL
SUMMARY:

Alleged failure to notify NYDEC of statistical increase in indicators parameters; to submit an adequate groundwater quality assessment to NYDEC And USEPA; to submit annual report for 1982 and 1983

$15,000 civil penalty.

ITEM: 37
DATE: 11/07/85
STATE: CALIFORNIA
AGENCY: U.S E.P.A.
PENALTY: $2,100,000.00 CIVIL
SUMMARY:

Alleged failure: to have ground water monitoring program; to have unsaturated zone monitoring program; to have partial facility closure plan.

Alleged modifications to facility in violation of state permit and regulations.

$2,100,000 civil penalty and $1,100,000 monitoring over ten years.

ITEM: 38
DATE: 11/18/85
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $1,650.00 PENALTY
SUMMARY:

Alleged shipment of hazardous waste without proper identification. $1,650.00 penalty.
ITEM: 39
DATE: 12/02/85
STATE: OREGON
AGENCY: U.S.E.P.A.
PENALTY: $235,000.00 CIVIL
SUMMARY:

Alleged failure: to properly handle hazardous waste; to accurately document storage and disposal of PCBs; to sample and analyze waste; to operate a leachate detection system.

$235,000.00. civil penalty. This Item may be the same as Attachment 6, item 14.

ITEM: 40
DATE: 12/26/85
STATE: OREGON
AGENCY: U.S.E.P.A.
PENALTY: $125,000.00 CIVIL
SUMMARY:

Alleged failure: to properly handle waste; to accurately document waste transactions; to sample and analyze waste; to modify and update contingency plans.

$125,000.00 civil penalty. This Item may be the same as Attachment 6, item 13.

ITEM: 41
DATE: 03/25/86
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $105,000.00 CIVIL
SUMMARY:

Alleged various deficiencies in groundwater sampling; analysis, and statistical analysis; alleged exceedance of allowed leachate levels.

$105,000.00 civil penalty.

ITEM: 42
DATE: 04/21/86
STATE: NEW JERSEY
AGENCY: U.S.D.O.T.
PENALTY: $5,000.00 PENALTY
SUMMARY:

Alleged transport of hazardous waste in an unauthorized cargo tank in violation of 49 CFR 173.22.

$5,000~00 penalty.

ITEM: 43
DATE: 05/22/86 STATE: LOUISIANA
AGENCY: LOUISIANA DEPT. OF PUBLIC SAFE
PENALTY: $1,250.00 FINE
SUMMARY:

Alleged failure to display proper identification numbers markings on a vehicle; alleged use of a non-specification cargo tank. $1,250.00 fine.
ITEM: 44
DATE: 07/03/86
STATE: ALABAMA
AGENCY: WEST VA. DEPT. OF HIGHWAYS
PENALTY: $5,800.00
SUMMARY:

Alleged existence of manifest irregularties and tractor trailer containing leaking package.
ITEM: 45
DATE: 07/31/86
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $3,900.00 CIVIL
SUMMARY:

Alleged violation of IDOT regulations by improperly transporting waste xylene. $3,900.00 civil penalty.
ITEM: 46
DATE: 08/26/86
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $3,900.00 CIVIL
SUMMARY:

Alleged violation of IDOT regulations by transporting waste in tank without proper venting capacity, piping protection or closure means.

$3,900.00 in civil penalties.

ITEM: 47
DATE: 09/26/86
STATE: INDIANA
AGENCY: U.S.E.P.A
PENALTY: $30,000.00 CIVIL
SUMMARY:

Alleged failure: to install monitoring wells in a certain required locations; to submit or timely implement an adequate groungwater quality assessment program; to obtain adequate liability coverage.

$30,000.00 civil penalty.

ITEM: 48
DATE: 10/22/86
STATE: NEW JERSEY
AGENCY: FIRST DISTRICT COURT, HAUPPAUG
PENALTY: $5,000.00 PAYMENT
SUMMARY:

No description given.

$5,000.00 payment of restitution and investigative costs.

ITEM: 49
DATE: 04/22/87
STATE: FLORIDA
AGENCY: FLORIDA DEPT. OF ENV. REGULATION
PENALTY: $3,550.00 CIVIL
SUMMARY:

Alleged miscellaneous storage deficiencies. $3,550.00 civil penalty and $500.00 reimbursement of costs.
ITEM: 50
DATE: 06/04/87
STATE: OREGON
AGENCY: U.S.E.P.A.
PENALTY: $15,000.00 CIVIL
SUMMARY:

Alleged failure: to keep certain inspection records on site; to maintain a signed copy of a manifest; to conduct repairs on certain occassions; to record the storage location of a hazardous waste; to comply with the facility waste analysis plan; to properly manage water reactive waste.

$15,000.00 civil penalty.

(May be same case as listed on 08/04/87.)

ITEM: 51
DATE: 07/02/87
STATE: LOUISIANA
AGENCY: LOUISIANA DEPT. OF ENV. QUALITY
PENALTY: $2,500.00 SETTLEMENT
SUMMARY:

Alleged failure to sign two asbestos disposal verification forms and submit them in a timely manner. $2,500.00 settlement.
ITEM: 52
DATE: 07/07/87
STATE: MICHIGAN
AGENCY: DISTRICT COURT, DISTRICT. NO. 1
PENALTY: $3,000.00 FINE
SUMMARY:

Alleged transportation of hazardous waste without proper state vehicle permit.

$3,000.00 fine.

ITEM: 53
DATE: 07/26/87
STATE: ALABAMA
AGENCY: ALABAMA DEPT. OF ENV. MGMT.
PENALTY: $20,000.00 SETTLEMENT
SUMMARY:

Alleged failure to follow waste analysis plan by accepting 14 drums of outdated pesticide materials.

$20,000.00 settlement and reimbursement.

ITEM: 54
DATE: 08/04/87
STATE: OREGON
AGENCY: U.S.E.P.A.
PENALTY: $15,000.00 SETTLEMENT
SUMMARY:

Alleged failure: to maintain inspection reports for two days; to record certain repairs; to maintain a signed copy of a manifest; to record location of storage of hazardous waste; to properly manage water reactive waste; to comply with waste acceptance plan. $15,000.00 settlement.

(May be same incident as recorded on 06/04/87.)

ITEM: 55
DATE: 08/05/87
STATE: CALIFORNIA
AGENCY: MUNICIPAL COURT, SANTA CLARA, CO
PENALTY: $680.00 CIVIL
SUMMARY:

No description given of complaint. May be a duplicate of item dated 08/07/88, however, courts and dates are different. $680.00 civil penalty.
ITEM: 56
DATE: 08/13/87
STATE: ILLINOIS
AGENCY: U.S.E.P.A.
PENALTY: $18,240.00 PENALTY
SUMMARY:

Alleged delay in implementation of groundwater assessment, late filings. $18,240.00 penalty. This item is duplicated under the Waste Management Administrative Cases, Item 38.
ITEM: 57
DATE: 08/26/87
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $7,500.00 CIVIL
SUMMARY:

Alleged failure to obey permit condition and regulation relating to daily cover.

$7,500.00 civil penalty.

ITEM: 58
DATE: 10/09/87
STATE: NEW JERSEY
AGENCY: NEW JERSEY DEPT. ENV. PROTECTION
PENALTY: $700.00 SETTLEMENT
SUMMARY:

Alleged operation of tank without associated scrubber.

$700.00 settlement.

ITEM: 59
DATE: 10/11/87
STATE: COLORADO
AGENCY: U.S.E.P.A.
PENALTY: $15,000.00 CIVIL
SUMMARY:

Alleged improper disposal of drums containing PCB's.

$15,000.00 civil penalty.

ITEM: 60
DATE: 11/02/87
STATE: CALIFORNIA
AGENCY: CALIF. DEPT. OF HEALTH SERVICE
PENALTY: $20,000.00 PAYMENT
SUMMARY:

Alleged failure to comply with groundwater monitoring requirements. $20,000.00 payment for agency oversight costs.
ITEM: 61
DATE: 11/30/87
STATE: LOUISIANA
AGENCY: LOUISIANA DEPT. OF ENV. QUALITY
PENALTY: $32,500.00 CIVIL
SUMMARY:

Alleged failure: to notify LDEQ when certain waste shipments were rejected for manifest discrepancies; various drums handling and disposal deficiencies. $32,500.00 penalty.
ITEM: 62
DATE: 01/22/88
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $3,450.00 PENALTY
SUMMARY:

Alleged transportation of waste without adequate labeling on containers, without complete description on shipping paper, and without complete vehicle placarding.

$3,450.00 penalty.

ITEM: 63
DATE: 04/11/88
STATE: LOUISIANA
AGENCY: LOUISIANA DEPT. OF ENV. QUALITY
PENALTY: $2,000.00 CIVIL
SUMMARY:

Alleged untimely submission of groundwater quality assessment plan. $2,000.00 civil penalty.
ITEM: 64
DATE: 04/28/88
STATE: NEW JERSEY
AGENCY: NEW JERSEY DEPT. ENV. PROTECTION
PENALTY: $5,000.00 CIVIL
SUMMARY:

Alleged discharge of treated aqueous waste which was not permitted by facility's permit.

$5,000.00 civil penalty.

ITEM: 65
DATE: 06/02/88
STATE: ILLINOIS
AGENCY: CIRCUIT COURT OF COOK COUNTY
PENALTY: $53,000.00 CIVIL
SUMMARY:

No description given. $53,000.00 civil penalties; anticipate additional payments of $290,000.00 plus $350,000.00 /year for five years.
ITEM: 66
DATE: 07/01/88
STATE: NEW YORK
AGENCY: NEW YORK DEPT. ENV. CONS.
PENALTY: $1,000.00 CIVIL
SUMMARY:

Alleged shipment of waste which were not included on manifest.

$1,000.00 civil penalty.

ITEM: 67
DATE: 08/05/88
STATE: ALABAMA
AGENCY: U.S.E.P.A.
PENALTY: $150,000.00 SETTLEMENT
SUMMARY:

Alleged acceptance of wastes for landfilling not listed in the RCRA permit. $150,000.00 settlement. (this may be the same items as listed on 09/19/88)
ITEM: 68
DATE: 08/07/88
STATE: CALIFORNIA
AGENCY: U.S.DISTRICT COURT, NORTHERN
PENALTY: $680.00
SUMMARY:

No description given of complaint. May be duplicative of item listed at 08/05/87, but dates and courts are different. $680.00 civil penalty.
ITEM: 69
DATE: 08/15/88
STATE: PENNSYLVANIA
AGENCY: PA DEPT. ENV. RESOURCES
PENALTY: $1,000.00 FINE
SUMMARY:

Alleged transportation of waste without completion of manifest by generator.

$1,000.00 fine.

ITEM: 70
DATE: 09/19/88
STATE: ALABAMA
AGENCY: U.S.E.P.A.
PENALTY: $150,000.00
SUMMARY:

Alleged disposal of certain wastes whose waste codes were not authorized in the facility's Part B permit. $150,000.00 penalty. (this may be duplicative of item listed at 08/05/88)
ITEM: 71
DATE: 09/30/88
STATE: INDIANA PENALTY: $16,000.00 PAYMENT
SUMMARY:

Alleged failure: to properly install and operate groundwater monitoring wells; alleged deficiency of cost estimates and financial assurance. $16,000.00 payment.
ITEM: 72
DATE: 11/03/88
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $1,500.00 PENALTY
SUMMARY:

Alleged failure to comply with placard requirements. $1,500.00 penalty.
ITEM: 73
DATE: 11/03/88
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $1,050.00 PENALTY
SUMMARY:

Alleged failure to comply with placard requirements.

$1,050.00 penalty. May be same as above.

ITEM: 74
DATE: 11/03/88
STATE: ILLINOIS
AGENCY: ILLINOIS DOT
PENALTY: $1,800.00 PENALTY
SUMMARY:

Alleged failure to properly label a waste container. $1,800.00 penalty.
ITEM: 75
DATE: 12/27/88
STATE: OHIO
AGENCY: OHIO PUBLIC UTILITIES COMMISSION
PENALTY: $450.00 SETTLEMENT
SUMMARY:

Driver allegdly smoking while operating vehicle.

$450.00 settlement.

ITEM: 76
DATE: 01/13/89
STATE: OHIO
AGENCY: OHIO EPA
PENALTY: $14,000.00 SETTLEMENT
SUMMARY:

Alleged operation of waste storage tanks that were not in compliance with newly applicable tank standards.

$14,000.00 settlement.

ITEM: 77
DATE: 01/13/89
STATE: OHIO
AGENCY: U.S.E.P.A.
PENALTY: $5,000.00
SUMMARY:

Alleged violation of 40 CFR 263.193

$5,000.00 penalty.

ITEM: 78
DATE: 01/13/89
STATE: OHIO
AGENCY: U.S.E.P.A.
PENALTY: $5,000.00 SETTLEMENT
SUMMARY:

Alleged operation of waste storage tanks that were not in compliance with newly applicable standards.

$5,000.00 settlement.

ITEM: 79
DATE: 03/27/89
STATE: WASHINGTON
AGENCY: SEATTLE MUNICIPAL POTW
PENALTY: $26,595.00 SETTLEMENT
SUMMARY:

Facility failed to comply with POTW permit applications (Western Processing Superfund Site)

$26,595.00 settlement, subject to 80 % reimbursement under certain conditions.

ITEM: 80
DATE: 03/31/89
STATE: NEW YORK
AGENCY: U.S.E.P.A.
PENALTY: $8,500.00 SETTLEMENT
SUMMARY:

Alleged landfill had one drum containing material with excessive PCB concentrations.

$8,500.00 settlement agreed to in principal.

ITEM: 81
DATE: 04/07/89
STATE: CALIFORNIA
AGENCY: U.S.E.P.A.
PENALTY: $117,500.00 SETTLEMENT
SUMMARY:

Alleged failure: to post warning signs no more than 200 feet apart; to timely notify the State of fires; to perform certain supplemental analyses; to maintain sufficient cover; to maintain adequate shower and eyewash.

$117,500.00 settlement. ($82,500.00 penalties and $35,000.00 aministrative costs)

CHEMICAL WASTE MANAGEMENT SUMMARY:

TOTAL ITEMS: 81
TOTAL STATES INVOLVED: 12
TOTAL FINES, PENALTIES AND SETTLEMENT COST: $15,251,690.00

** This item may be a duplication, the cost are not included in this section.


ATTACHMENT 8: OFFICER'S LIST
WASTE MANAGEMENT, INC. &
WASTE MANAGEMENT OF CALIFORNIA,INC.

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WASTE MANAGEMENT, INC. OFFICER INFORMATION

NAME
DEAN L. BUNTROCK
PHILLIP B. ROONEY
JERRY E. DEMPSEY
HAROLD GERSHOWITZ
D. PATTERSON PAYNE
J. STEVEN BERGERSON
JOAN Z. BERNSTEIN
DAVID C. COLEMAN
EDWIN G. FALKMAN
HERBERT A. GETZ
JEROME D. GIRSCH
THOMAS C. HAU
WILLIAM P. HULLIGAN
JAMES E. KOENIG
FRANCIS B. MOORE
ROBERT A PAUL
THOMAS R. FRANK
RONALD M. JERICHO
DAVID I. KOPP
JOHN E. NOEL
SUSAN C. NUSTRA
LESLIE W. PARMAN JR.
WILLIAM J, PLUNKETT
JAMES D. RANGE
JOHN H. SLOCUM
TITLE
CHAIRMAN
PRESIDENT
SR. VICE PRESIDENT
SR. VICE PRESIDENT
SR. VICE PRESIDENT
VICE PRESIDENT & GENERAL COUNSEL
VICE PRESIDENT-ENVIORMENTAL POLICY AND ETHICAL STANDARDS
VICE PRESIDENT -HUMAN RESOURCES
VICE PRESIDENT
VICE PRESIDENT -SECRETARY & ASST GENERAL COUNSEL
VICE PRESIDENT
VICE PRESIDENT -CONTROLLER
VICE PRESIDENT
VICE PRESIDENT - CHIEF FINANCIAL OFFICER AND TREASURER
VICE PRESIDENT - GOVERNMENTAL AFFAIRS
VICE PRESIDENT -ADMINISTRATION
STAFF VICE PRES.- RISK MANAGEMENT
STAFF VICE PRES.FINANCE
STAFF VICE PRES.-TAX
STAFF VICE PRES. - ASST. GENERAL COUNSEL
STAFF VICE PRES. - TREASURY
STAFF VICE PRES. - AVIATION
STAFF VICE PRES.- CORPORATE COMMUNICATIONS
STAFF VICE PRES.
STAFF VICE PRES.
CITY OF RESIDENCE
HINSDALE, IL.
HINSDALE, IL.
OAK BROOK, IL.
NORTHBROOK, IL.
HINSDALE, IL.
LISLE, IL.
OAK BROOK TERRACE, IL.
NAPERVILLE, IL.
LONDON ENGLAND
NAPERVILLE, IL.
HINSDALE, IL.
OLYMPIA FIELDS, IL.
DARIEN, IL.
WAUCONDA, IL.
HINSDALE, IL.
LAKE FOREST, IL.
NAPERVILLE, IL.
GLENVIEW, IL.
LAKE FOREST , IL.
GLEN ELLYN, IL.
OAK BROOK, IL
LEMONT, IL.
WESTERN SPRINGS, IL
WASHINGTON D.C.
NAPERVILLE, IL.

WASTE MANAGEMENT OF CALIFORNIA, INC. OFFICER INFORMATION

NAME
THOMAS K. BLACKMAN
DONALD R. CHAPPEL
JERRY W. CAUDLE
CHARLES R. DELVIN
JEROME M. KRUSZKA
CAROL L. HILL
MICHAEL WILLIAMS
THOMAS L. COLLINS
DAVID L.KELLY
NAME
PRESIDENT
VICE PRESIDENT ASST. SECRETARY, TREASURER
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
SECRETARY
PLACE OF RESIDENCE
NEWPORT BEACH, CA.
WILLOW SPRINGS, IL.
SAN JUAN CAPISTRANO CA.
FREEMONT, CA
DANVILLE, CA
SAUGAS, CA.
VENTURA, CA.
POWAY, CA.
IRVINE, CA.

ATTACHMENT 9: GLOSSARY OF TERMS

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GLOSSARY OF TERMS

AFS Air Facility System
APC Air Pollution Control
CAA Clean Air Act
CAFO Consent Agreement - Final Order
CDS Compliance Data System
CDET Consent Decree Tracking System
CERCLA Comprehensive Environmental Response, Compensation and Liability Act
CERCLIS Comprehensive Environmental Response, Compensation and Liability Information System
CFR Code Federal Regulations
CWA Clean Water Act
DOCKET Consolidated Docket Enforcement System
EPCRA Energency Planning & Community Right to Know Act
ERNS Emergency Response Notification System
FIFRA Federal Insecticide, Fungicide, Rodenticide Act
FINDS Facility Index System
HWDMS Hazardous Waste Data Management System
PCS Permit Compliance System
PRP Potentially Responsible Parties
RCRA Resource Conservation and Recovery Act
RCRIS Resource Conservation and Recovery Information System
SDWA Safe Drinking Water Act
TRIS Toxic Substance Inventory System
TSCA Toxic Substance Control Act

ATTACHMENT 10: DEFINITIONS

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Definitions of EPA terms:

Administrative: Type of case that will not be processed through the federal court system. Case handled in house by the Environmental Protection Agency and the business being investigated. Once an agreement is met, a CONSENT AGREEMENT is written by the attorneys involved. The EPA and the business agree and the matter is settled out of court.

Civil: Cases routed through EPA headquarters, utilizing United States Attorneys from the Department of Justice to file cases in federal court. These cases are those fought by the business and require litigation to settle the matter. Once a decision is made a CONSENT DECREE is written by the court. The decree will spell out the penalty and corrections mandated by the court.

IN COMPLIANCE The number of facilities identified without violations and enforcement actions

COMPLIANCE UNKNOWN The number of facilities identified with "no" or "insufficient" data

WITH VIOLATIONS The number of facilities identified with violations or in noncompliance

WITH ENFORCEMENT ACTIONS The number of facilities identified with formal or informal enforcement action by either the State or EPA may range from warning telephone calls to major enforcement cases Because some but not all violations result in enforcement action and because there is not necessarily a one-on-one correspondence between violations and enforcement actions, a facility may be counted in one or the other or both of the latter two categories ("with violation" and "with enforcement actions").

Environmental Liability: Any of a number of violations that may include failure to monitor ground water, failure to test soils, failure to test materials before storage, improper storage of materials etc....

Hazardous Material: Any material that must be discarded at an approved dump site because of its harmful affect on the environment or the immediate inhabitants of the area. Violations in this general area deal with the improper handling of hazardous material at the dump site.

BOTH THE ABOVE REMEDIES ARE CONSIDERED ENFORCEMENT ACTIONS BY THE EPA

DEFINITIONS OF LEGAL TERMS

Blacks Law Dictionary NOLO CONTENDERE: Lat. I will not contest it. The name of a PLEA in a criminal action, having the same legal effect as a PLEA of guilty, so far as regards all proceedings on the indictment, and on which the defendant may be sentenced. U.S. V. Hartwell, 3 Cliff. 221, F. Cas. No 15,318

Ballentine' 5 Law Dictionary NOLO CONTENDERE: Literally, "I do not wish to contend." Substantially, though not technically, a PLEA of guilty; an implied confession; a quasi confession of guilt. 21 Am J2d Crini L @ 497. A plea recognized in administrative proceedings. Re 17 Club, Inc. 26 NJ Super 43, 97 A2d 171. It is difficult to define the exact nature of a PLEA of nolo contendere; regardless of the label attached, the PLEA for practical purposes is a PLEA of guilty, or the equivalent thereof. United States v Safeway Stores, Inc. (DC Tex) 20 FRD 451.

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