An automotive parts manufacturer client was served with a State Notice of Violation (NOV) which asserted violations of RCRA and Michigan's counter-part law. The NOV alleged that the company had violated the 90-day hazardous waste storage requirements, failed to properly mark drummed hazardous wastes, failed to properly manage drummed hazardous wastes in a satellite accumulation area, was using an in-ground tank system to accumulate hazardous waste sludges improperly and without secondary containment, and had accumulated hazardous waste sludges in the in-ground tank system for greater than 90 days without a T/S/D facility permit.

The State agency demanded corrective action, fines and penalties totaling over $71,000, and entry into a Consent Order containing onerous and potentially costly provisions. Varnum resolved this matter by persuading the State to dismiss/withdraw the tank system claims based on a wastewater treatment exemption, and by the company's completion of certain other corrective measures to the State's satisfaction prior to entry into the Consent Order.

The civil penalty was reduced by over 70%, and a Notice of Termination from the State agency was issued on the same date that the Consent Order was signed and delivered to the State and the penalty was paid; thus, the Consent Order was effective for approximately one hour.