Enforcement

Case Summary: Settlement Reached on Requiring Monitoring and Testing at Schott Metal Facility in Ohio

On July 22, 2013, EPA and Schott Metal Products, Inc. agreed to a settlement that resolved claims for alleged violations of an order issued under section 3013 of the Resource Conservation and Recovery Act (RCRA), which calls for completion of activities under an approved work plan for monitoring and testing of soil and ground water contamination at the Schott Metal facility and for payment of a $375,000 civil penalty.

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Information about the Company

Schott Metal Products, Inc. is a relatively small, family-owned corporation organized under Ohio law, and has engaged in the manufacture of metal parts for automobiles, automotive trailers and related items since 1948. It currently employs fewer than 25 persons. Its facility is located at and near 2225 Lee Drive, Akron, Ohio. The facility is an ongoing business and is situated on land owned partly by Schott Metal and partly by the estate of Schott Metal’s former individual principal, Samuel C. Schott.

Information about the Violation

The defendants allegedly failed to comply with a RCRA Section 3013 Unilateral Administrative Order that was issued to them on August 7, 2006. 

Information about the Schott Metal Facility

Schott Metal is a generator of hazardous waste; its manufacturing operations have historically generated three waste types: (1) steel scrap, (2) degreasing waste containing trichloroethylene (TCE), and (3) paint waste containing toluene and xylene.

The facility was referred to EPA in 2005 from the Ohio Environmental Protection Agency (Ohio EPA) with a request to seek closure of unpermitted units and RCRA corrective action. Ohio EPA conducted a facility inspection in January 1988, at which time an inspector observed, among other things, that paint-related waste had been dumped behind one of the plant buildings in a ravine area. This led to a criminal action against the late Mr. Schott, culminating in a guilty plea in Ohio State Court. Subsequent state efforts to compel Mr. Schott and Schott Metal to close the waste management areas at the facility were unsuccessful.

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Pollutants and Environmental Effects

The facility is located in a residential area, and each home in the vicinity uses groundwater extracted from residential wells as its primary source of water.  Because of the facility’s location and the potential for hazardous wastes, including trichlorethylene, cadmium, lead and mercury, to contaminate the groundwater and migrate from the facility, EPA determined that the facility may present a substantial hazard to human health or the environment, or both.

Summary of the Order

On August 7, 2006, EPA issued a unilateral administrative order (UAO) pursuant to RCRA Section 3013 requiring Schott Metal and Samuel C. Schott to sample and monitor hazardous wastes in the soil, leachate, sediment and groundwater at the facility.  Under the UAO, the parties had 30 days from the issuance of the UAO to submit a plan for carrying out such sampling and monitoring activities.  From September 5, 2006 through at least April 26, 2010, Schott Metal allegedly failed to comply with the UAO.  The complaint seeks an injunction ordering the defendants to comply with the UAO and seeks a civil penalty of $375,000.

Contact Information

For more information contact:

Thomas M. Williams
Associate Regional Counsel
Office of Regional Counsel
U.S. EPA Region 5
77 West Jackson Boulevard
Chicago, IL 60604
(312) 886-0814
williams.tom@epa.gov

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