# SPENCER METAL FINISHING
> **Administrative - Formal** · FY1998 · — · Final Order With Penalty
## Case
- **Activity ID:** `911`
- **Case Number:** 01-1998-0103
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $10K
- **Cost recovery:** —
- **Compliance action $:** $10K
- **Multimedia (multi-env):** N
## Defendants
- SPENCER METAL FINISHING (complaint) (settlement)
## Summary

OES INITIATED A PROCESS OF PRE-NETOTIATION IN THIS CASE    BECAUSE IT WAS EVIDENT, BASED ON FINANCIAL INFORMATION       AVAILABLE TO THE CASE TEAM, THAT THE ASSESSED PENALTY OF     $271,000, COULD POTENTIALLY BANKRUPT THE COMPANY. DURING PRE NEGOTIATION, THE COMPANY PROVIDED DETAILED FINANCIAL         INFORMATION. THE FINANCIAL INFORMATION WAS ANALYZED BY A     CONSULTANT AND PROVED THAT THE FACILITY HAD AN INABILITY TO  PAY THE PROPOSED PENALTY AND COULD ONLY PAY IN THE RANGE OF  $2000-$6000 OR POTENTIALLY HIGHER. PRE-NEGOTIATIONS WERE     SUCCESSFUL AND THE COMPANY AGREED TO PAY A PENALTY OF        $10,000 TO SETTLE THE ACTION. THE FACILITY WAS TARGETED BY   OES'S INDUSTRIAL SECTOR TEAM AS A METAL FINISHING FACILITY   MULTI-MEDIAL INSPECTION CANDIDATE. BASED ON INFORMATION      REGARDING THE OPERATIONS PERFORMED AT THE FACILITY, IT WAS   SUSPECTED THAT THE FACILITY MAY BE A NON-NOTIFIER UNDER RCRA THE RCRA COMPLAINT ALLEGES VIOLATIONS BASED ON OBSERVATIONS  DURING THE RCRA INSPECTION ON 6/24/97. THE MOST SIGNIFICANT  COUNT IS FOR ILLEGALLY STORING HAZARDOUS WASTES W/O PERMIT   FROM 1993 TO 1997. THE RCRA COMPLAINT ALSO ALLEGES VILOATION OF REQUIREMENTS THAT  FLOW FROM  THE PERMIT REQUIREMENT AND  THAT ARE CRITICAL TO THE SAFE MANAGEMENT OF HAZARDOUS WASTE. FINALLY THE COMPLAINT ALLEGES THAT SPENCER VIOLATED RCRA'S   LAND DISPOSAL RESTRICTIONS BY A)STORING HAZARDOUS WASTE FOR  MORE THAN ONE YEAR, AND B) FAILING TO ADEQUATELY LABEL       WASTE CONTAINERS.

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