United States v. WCI Steel, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GWIN, District Judge.

In this action, the Plaintiff United States alleges that three wastewater ponds at Defendant WCI Steel’s Warren, Ohio steelmaking facility (Ponds 5, 6, and 6A) are hazardous waste units, and as such are subject to regulation under the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq. As grounds for this allegation, the United States claims that Ponds 5, 6, and 6A once contained wastewater having a pH 1 of 2.0 standard units (“s.u.”) or lower, and thus had a corrosive characteristic. 2

Plaintiff United States…