EPA v. ENVIROTEK

Case summary

**THIS IS AN AMENDED COMPLAINT.************************ DURING A MAY 5, 1983 INSPECTION THERE WERE CONTAINERS OF HAZARDOUS WASTE WHICH WERE NOT IN GOOD CONDITION & RESPOND- ENT HAD NOT TRANSFERRED THE HAZARDOUS WASTE TO CONTAINERS IN GOOD CONDITION OR MANAGED THE WASTE IN COMPLIANCE W/ RQRMTS OF 40 CFR PART 265. ALSO, THERE WERE OPEN CONTAINERS TO WHICH NO WASTE WAS BEING ADDED AND FROM WHICH NO WASTE WAS BEING REMOVED (VIOLATIONS OF 40 CFR 265.171 & 265.173(A). AT THE TIME OF A MARCH 25, 1985 INSPECTION, RESPONDENT DID NOT HAVE THE WRITTEN COMMUNICATION REQUIRED TO DESIGNATE THE FACILITY AS AN AUTHORIZED TREATMENT, STORAGE, OR DISPO- SAL FACILITY FOR WASTES BEING OFFERED FOR SHIPMENT (VIOLA- TION OF NYCRR 372.2(B)(2)(I)). AT THE TIME OF THE 3/25/85 INSPECTION, RESPONDENT HAD ONE LEAKING DRUM IN BUILDING 24 WITH SOLVENT LEAKING (VIOLATION OF 6 NYCRR 373-3.9(B)). AT THE TIME OF THE 5/16/85 PART B INSPECTION, RESPONDENT WAS EMPLOYING A SPARGING OPERATION WHICH WAS NOT SPECIFIED IN THE INTERIM STATUS APPLICATION & RESPONDENT HAD NOT RE- VISED THE INTERIM STATUS APPLICATION PRIOR TO SUCH A CHANGE. (VIOLATION OF 6 NYCRR 360.3(C)(2)(II)). AS OF DATE OF THIS COMPLAINT , RESPONDENT'S PART B APPLI- CATION IS STILL INCOMPLETE AND DEFICIENT (VIOLATION OF RCRA SECTION 3005, 42 USC 6925, AND 40 CFR 270.10(E)(4).

Defendants (1)

• ENVIROTEKNamed in complaint

Facilities (1)

• ENVIROTEK II PRP GROUP

  4000 RIVER RD, TONAWANDA, NY, 141506514

  Registry ID: 110009478653

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (4 milestones)

• 1985-11-22Enforcement Action Data Entered
• 1985-11-22Complaint Filed/Proposed Order
• 1992-06-30Final Order Issued
• 1992-06-30Enforcement Action Closed