EPA v. SCA CHEMICAL SERVICES, INC.

Case summary

NATURE OF CASE: 3008 ACTION SCA SERVICES IS INVOLVED IN THE TREATMENT, TRANSPORTATION AND DISPOSAL OF CHEMICAL AND SOLID WASTES. SCA VIOLATED A BILATERAL #3008 FINAL COMPLIANCE ORDER ON CONSENT, VOLUN TARILY ENTERED INTO BY SCA ON NOVEMBER 2, 1981. ONE CON- FERENCE WAS HELD WITH SCA IN AN ATTEMPT TO SETTLE THE MATTER BEFORE THIS MATTER WAS REFINED FOR FILING. THE NEGOTIATIONS WERE UNSUCCESSFUL. THE MODEL CITY, NY FACILITY OCCUPIES APPROX 630 ACRES ON WHICH IT CONDUCTS CHEMICAL WASTE TREATMENT, DISPOSAL, STORAGE AND RECLAMATION SERVICES. THE N.Y. STATE DEPT OF ENVIRONMENTAL CONSERVATION (NYSDEC) MAINTAINS A PERMANENT OFFICE AT THE MODEL CITY FAC. THE FINAL COMPLIANCE ORDER CONTAINED FOUR DIRECTIVES TO RESPONDENT, WITH DEFINITE TIME PERIODS FOR COMPLIANCE. THESE INCLUDED ACTIONS BY SCA TO (1) INSURE THAT ALL CONTAINERS OF HAZARDOUS WASTE AT ITS FACILITY SITE ARE CLOSED AT ALL TIMES DURING STORAGE EXCEPT WHEN IT IS NECESSARY TO ADD OR REMOVE WASTE; (2) TRANSFER ALL HAZARDOUS WASTES THEN STORED IN CON- TAINERS WHICH WERE LEAKING, BULGING, OR CORRODED INTO CON- TAINERS WHICH WERE IN GOOD CONDITION; (3) COMPLETE CONSTRUC- TION OF A FULLY ENCLOSED HAZARDOUS WASTE DRUM HANDLING AND STORAGE BUILDING; (4) ELIMINATE THE USE OF AN OUTSIDE HAZ- ARDOUS WASTE STORAGE AREA BY JULY 1 '82; AND (5) COMPLY WITH ALL RELEVANT RCRA REGULATIONS. AN INSPECTION IN AUGUST '82 SHOWED THAT SCA FAILED TO COMPLETE CONSTRUCTION OF THE INDOOR DRUM STORAGE AREA AND ELIMINATE USE OF THE OUTSIDE STORAGE AREA BY THE DATES SPEC- IFIED. FURTHERMORE, DRUMS IN POOR CONDITION WERE AGAIN NOTED AND ADDITIONAL VIOLATIONS (E.G., INADEQUATE FREEBOARD IN TANKS AND LAGOONS) WERE DOCUMENTED. ANOTHER INSPECTION IN MAY '83 SHOWED THAT SOME OF THESE SAME VIOLATIONS HAD STILL NOT BEEN CORRECTED. IT IS BECAUSE OF THIS APPARENT DISREGARD FOR THE TERMS OF THE FINAL COM- PLIANCE ORDER THAT REGION II HAS ELECTED TO REFER THIS MAT- TER FOR INITIATION OF A CIVIL ACTION.

Defendants (1)

• SCA CHEMICAL SERVICES, INC.Named in complaintNamed in settlement

Facilities (1)

• CWM CHEMICAL SERVICES LLC

  1550 BALMER ROAD, MODEL CITY, NY, 14107

  Registry ID: 110000326610

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• SCA CHEMICAL SERVICES, INC.entered 1985-08-28

  Primary law: RCRA

  Federal penalty: $35,000

Timeline (8 milestones)

• 1983-08-10Referred To Headquarters
• 1983-10-03Referred To Dept Of Justice
• 1983-11-18Referred TO U.S. Attorney
• 1984-03-12Complaint Filed With Court
• 1985-08-28Final Order Lodged
• 1985-08-28Final Order Entered
• 1985-08-28Concluded
• 1986-08-28Enforcement Action Closed