United States v. Rineco Chemical Industries

2009 WL 801608 (2009)

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United States v. Rineco Chemical Industries

United States District Court for the Eastern District of Arkansas
2009 WL 801608 (2009)

  • Written by Tammy Boggs, JD

Facts

Rineco Chemical Industries (Rineco) (defendant) operated a facility in Benton, Arkansas, which was the largest American single-site facility that engaged in hazardous-waste fuel blending. Rineco received more than 400 different types of solid and liquid hazardous wastes from many generators. Rineco applied for and obtained a permit to operate a hazardous waste management facility under the Resource Conservation and Recovery Act (RCRA). Rineco did not, however, have a permit to operate a thermal metal wash (TMW) recycling unit at Benton. The TMW was a patented process that related “generally to waste processing.” The TMW operated as follows: metals, including vapors, were placed in the TMW and thermally treated, destroyed, incinerated, or burned. The treatment process yielded a substantial percentage of oil and char that was blended into hazardous-waste-derived fuel (HWDF) and sent to boilers and industrial furnaces (BIFs) for burning and energy recovery. Rineco claimed that a permit was not required to operate the TMW under a recycling exemption, focusing on the fact that the metal placed in the TMW was recovered and not sent for burning by a BIF. The United States (plaintiff) sued Rineco for injunctive relief and civil penalties, arguing that a permit was required to operate the TMW.

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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