# KEY TERMINALS
> **Judicial** · FY1992 · — · Final Order With Penalty
## Case
- **Activity ID:** `28097`
- **Case Number:** 05-1992-0274
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $240K
- **Cost recovery:** —
- **Compliance action $:** $1.00M
- **Multimedia (multi-env):** N
## Defendants
- PAYNE & DOLAN, INC. (complaint) (settlement)
## Summary

IT IS RECOMMENDED THAT A CIVIL COMPLAINT BE FILED        AGAINST PAYNE &DOLAN, INC.  P&D IS AN OWNER OF KEY           TERMINALS, INC., WHICH OPERATED AFACILITY THAT STORED USED   OIL FUELS, INCLUDING HAZ WASTE FUEL.  THE KEYTERMINALS       FACILITY IS LOCATED AT N MMAIN STREET, KWEAUNEE, WI.             ON 7/18/89, THE USEPA AND P&D, AS OPERATOR OF THE KEY    TEMRINALSFACILLITY, ENTERED INTO AN ADM CONSET AGREEMENT AND FINAL ORDER IN RCRA# V-W-89-R-02 (CAF0).  THE EFFECTIVE DATE OF THE CAFO WAS 7/18/89. PURSUANT TO PARA.B OF THE CAFO, P&D WAS REQUIRED TO SUBMIT TO BOTHEUSEPA AND THE WISCONSIN       DEPART OF NATURAL RESOURCES A TANK CLOSURE PLAN,A SOILS      SAMPLING AND WASTE ANALYSIS PLAN, AND A CONTAMINATED         SOILSREMOVAL PLAN W/I 30 DAYS AFTER THE EFFECTIVE DATE OF    THE CAFO. ACCORDINGLY, THE 3 PLANS WERE ALL DUE ON, OR       BEFORE, 8/18/89.  PARA C OFTHE CAFO PROVIDED THAT UPON       APPROVAL BY THE WDNR OF THE CLOSURE ANDREMOVAL PLANS, P&D    WOULD IMMEDIALTELY COMPLETE CLOSURE AND REMOVALACTIVITIES IN ACCORDANCW WITH THE SCHEDULES IN THE APPROVED PLANS.             P&D HAS VIOLATED THE TERMS OF THE CAFO BY FAILING TO     COMPLETECLOSURE ACTIVITIES IN ACCORDANCE WITH THE CAFO, AND  BY FAILING TO FULLYIMPLEMENT THE APPROVED TANK CLOSURE PLAN.  P&D ALSO VIOLATED THE CAFOBYSYROING HAZ WASTES AT THE SITE  IN VIOLATION OF THE APPROVED CLOSUREPLAN, AS WELL AS BY      FAILING TO TIMELY SUBMIT THE SOIL REMOVAL PLAN.                  THIS REFERRA REQUESTS THAT THE U.S. 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*