These holding ponds act as "large sand filters" through which the treated wastewaters pass. Environmental Protection Agency ("EPA") as wastewater treatment sludges from electroplating operations designated by the EPA as listed hazardous waste F006 pursuant to RCRA regulations described at 40 C.F.R. This discharge is characterized by the U.S. Until October 1987, Allegan discharged wastewaters, treated according to the process described above, from its Allegan, Michigan facility into the two holding ponds. It is also undisputed that Allegan began using its two holding ponds pursuant to a 1972 State of Michigan Stipulation No. See Facts Not in Dispute ("FND") at ¶¶ 4-7 attached to Pre-Trial Order.
Since 1972, Allegan has maintained the two holding ponds at issue here on a parcel of property which is situated between its manufacturing site and the Kalamazoo River. After this separate chemical treatment, the treated wastewaters were then combined and treated physically. Allegan's wastewater treatments system, as of November 18, 1980, and prior to the use of its current wastewater treatment plan, included separate chemical treatment of wastewater from the zinc electroplating process and of wastewater from all rinses and related chromate post-treatments. As a part of its electroplating process, Allegan produces various wastewaters as by-products including zinc-cyanide, zinc-chloride, chromate and acid and alkali rinses. Allegan performs its electroplating process for a variety of industries including the automobile and appliance industries. Also pending are several motions in limine brought by both plaintiff and defendant, and defendant's appeal from the Magistrate's order of May 27, 1988.Īllegan, a Michigan corporation, has operated its Michigan facility since 1959. The cross-motions for summary judgment address defendant's alleged RCRA liability with respect to two "holding ponds" which process wastewaters that were discharged from Allegan's metal finishing facility. Presently before me is defendant Allegan Metal Finishing Company's ("defendant" or "Allegan") motion for immediate consideration of certain threshold liability issues which were previously set forth in the parties' cross-motions for summary judgment. and invokes jurisdiction pursuant to 42 U.S.C. Plaintiff United States of America ("plaintiff") brings this action pursuant to provisions of the federal Resource Conservation and Recovery Act ("RCRA"), 42 U.S. Poulton of Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Mich., for defendant. Gen., Washington, D.C., for plaintiff.Ĭharles M. Stoner, Environmental Enforcement Section Land and Natural Resources Div., U.S. ALLEGAN METAL FINISHING COMPANY, Defendant.