EPA v. BRIDGEPORT UNITED RECYCLING / UNITED OIL RECOVERY

Case summary

AN INSPECTION OF THE BUR FACILITY CONDUCTED ON SEPTEMBER 16-18, 2003 BY DULY AUTHORIZED EPA PERSONNEL REVEALED THE FAILURE OF BUR TO OPERATE ITS FACILITY IN COMPLIANCE WITH APPLICABLE HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL STANDARDS, SPECIFICALLY THE ORGANIC AIR EMISSIONS REGULATIONS. TWO INSPECTIONS OF THE UOR FACILITY, A PERMITTED HAZARDOUS WASTE MANAGEMENT FACILITY, IN JUNE AND JULY 2003 AND SEPTEMBER 2003 BY DULY AUTHORIZED REPRESENTATIVES OF THE CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION REVEALED THE FAILURE OF UOR TO OPERATE ITS FACILITY IN COMPLIANCE WITH ITS PERMIT AND WITH APPLICABLE HAZARDOUS WASTE GENERATOR STANDARDS, INCLUDING VIOLATIONS OF PERMIT REQUIREMENT GOVERNING HAZARDOUS WASTE ANALYSIS AND VERIFICATION TESTING, NON-ACCEPTANCE OF CERTAIN UNPERMITTED WASTES, AND REGULATORY PERMITTING AND CONTAINER MANAGEMENT REQUIREMENTS. THE STATE HAS REFERRED THE VIOLATIONS OF UOR FACILITY TO EPA. THE REGION RECOMMENDS THAT A CIVIL PENALTY IN THE AMOUNT OF $480,879 BE IMPOSED, AND THAT INJUNCTIVE RELIEF BE SOUGHT REQUIRING (i) REQUIRING BUR AND UOR TO COMPLY WITH ALL APPLICABLE RCRA GENERATOR AND HAZARDOUS WASTE STANDARDS; (ii) REQUIRING BUR TO DEMONSTRATE THE REMOVAL EFFICIENCY OF ITS CLOSED-VENT SYSTEM AND CONTROL DEVICE, (iii) REQUIRING BUR TO PREPARE AN ANALYSIS OF WHETHER OR NOT TANKS AND EQUIPMENT MAY BE SUBJECT TO THE REQUIREMENTS FOR LIGHT-LIQUID SERVICE, (iv) REQUIRING BUR AND UOR TO CALCULATE A DESIGN EXHAUST VENT STREAM ORGANIC COMPOUND CONCENTRATION THRESHOLD LEVEL FOR CLOSED-VENT SYSTEMS AND CONTROL DEVICES, (v) REQUIRING BUR AND UOR TO UNDERTAKE AN ANALYSIS OF THE WASTE MINIMIZATION AND POLLUTION PREVENTION POTENTIAL OF THE FACILITIES OPERATIONS, (vi) REQUIRING UPR TO PROVIDE THE CT DEP WITH INFORMATION NECESSARY TO COMPLETE MODIFICATION OF THE PERMIT FOR THE CONTAINER DUMPING STATION, (vii) REQUIRING UOR TO PROVIDE CERTIFICATION THAT THE REQUIREMENTS OF THE PERMIT RELATING TO WASTE VERIFICATION ARE IMPLEMENTED, AND (viii) PROHIBITING UOR FROM ACCEPTING, STORING, AND TREATING WASTE NOT ALLOWED BY THE PERMIT. IN ADDITION, UOR SHOULD BE REQUIRED TO PERFORM AN ENVIRONMENTAL MANAGEMENT SYSTEMS AUDIT, INCLUDING A COMPLIANCE AUDIT OF ALL ITS FACILITIES. THE AUDIT SHOULD RESULT IN UOR's DEVELOPMENT OF AN ENVIRONMENTAL MANAGEMENT SYSTEMS PLAN FOR ALL RELATED FACILITIES

Defendants (2)

• United Oil RecoveryNamed in complaintNamed in settlement
• BRIDGEPORT UNITED RECYCLING INCNamed in complaintNamed in settlement

Facilities (2)

• TRADEBE TREATMENT & RECYCLING

  136 GRACEY AVE, MERIDEN, CT, 06451

  Registry ID: 110000316248

• TRADEBE TREATMENT & RECYCLING

  50 CROSS ST, BRIDGEPORT, CT, 06610

  Registry ID: 110000317069

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• BRIDGEPORT UNITED RECYCLING / UNITED OIL RECOVERYentered 2008-05-02

  Primary law: RCRA

  Federal penalty: $325,190

Timeline (7 milestones)

• 2004-06-01Enforcement Action Data Entered
• 2004-09-30Referred To Dept Of Justice
• 2008-02-15Complaint Filed With Court
• 2008-02-20Final Order Lodged
• 2008-05-02Concluded
• 2008-05-02Final Order Entered
• 2009-11-01Enforcement Action Closed