A SuperCAFO signed and issued in settlement of claims against Talon Manufacturing Company, Inc. for violations of Subtitle C of RCRA, 42 U.S.C. Section 6921-6949e. Allegations include operation of a hazardous waste storage and treatment facility without a permit, failure to design, construct, maintain and operate facility so as to minimize the possibility of releases of hazardous waste, failure maintain a contingency plan, failure to provide training, and operation of hazardous waste tanks without sufficient controls to prevent spillage and without conducting inspections. SuperCAFO requires site investigation to identify contamination and cleanup, as necessary, of any contamination found above action levels.
Respondent disassembles ammunition under contract to the U.S. Army. Parts of the ammunition (such as the brass casing, the propellant, or gundpowder) is recycled, while other parts are treated, stored and ultimately discarded. Some of the non-recycled parts become hazardous waste, which was mishandled by Talon, thereby causing contamination at Talon's two facilities. Talon has just emerged from Chapter 11 bankruptcy under new management, and remains in a precarious financial situation. Therefore, the settlement does not include a penalty for past violations, and ties the pace of remediation to the resources available to Talon, as calculated using a formula based on Talon''s revenues for the previous yea