EPA v. PROTECO

Case summary

PROTECCION TECHNICA ECOLOGICA, INC. ( PROTECO ), PREVIOUSLY KNOWN AS RESOURCE MANAGEMENT, INC., AND BEFORE THAT AS SERVICIOS CARBAREON, INC., IS CURRENTLY THE ONLY OPERATING COMMERCIAL HAZARDOUS WASTE LAND DISPOSAL FACILITY IN P.R. THE FACILITY WAS INSPECTED BY A GOVERNMENT TASK FORCE COMPRISED OF REPRESENTATIVES OF EPA REGION II, EPA HQ, AND THE COMMONWEALTH OF PREQB, IN MID-NOVEMBER, 1985. THIS TWO WEEK INSPECTION REVEALED A MULTITUDE OF RCRA INTERIM STATUS VIOLATIONS AS WELL AS VIOLATIONS OF COMMONWEALTH REGULATIONS FOR THE CONTROL OF HAZARDOUS AND NON-HAZARDOUS SOLID WASTES, THE MORE SERIOUS INCLUDING VIOLATIONS OF PREVIOUS EQB AND EPA ORDERS; MISMANAGEMENT OF INCOMPATIBLE HAZARDOUS WASTES; AISLE SPACE VIOLATIONS; NON-USE OF THE MANIFEST SYSTEM; GROUNDWATER MONITORING REQUIREMENT VIOLATIONS; UNSAFE CONTAINERS; AND UNLAWFUL DUMPING OF LIQUID HAZARDOUS WASTES INTO THE LANDFILL. COMPANIA GANADERA DEL SUR, INC. IS ALSO A NAMED DEFENDANT BECAUSE IT IS THE OWNER AND LESSOR OF THE PROPERTY AND HAS BEEN NOTIFIED BY EPA OF THE SEVERITY OF THE VIOLATIONS OCCURRING ON ITS PROPERTY. THE PROTECO FACILITY IS A 35 ACRE TREATMENT, STORAGE AND DISPOSAL FACILITY LOCATED WITHIN THE CITY OF PENUELAS, PR. IT HAS BEEN OPERATIONAL SINCE APRIL 1975. IT ACCEPTS A WIDE RANGE OF HAZARDOUS WASTES. PRIMARILY, THE WASTES ARE RECEIVED IN LIQUID FORM. HOWEVER, IT ALSO TREATS, STORES AND DISPOSES OF SLUDGES AND SLURRIES. THE REGULATORY HISTORY OF THIS FACILITY EXTENDS BACK TO 1980, WHEN THE RCRA REG'S WERE FIRST PROMULGATED. WHILE THIS CIVIL ACTION IS BEING INSTITUTED BASED ON A RECENT INSPECTION, THE HISTORY OF THE FACILITY & ITS VIOLATIONS OF BOTH COMMONWEALTH & FEDERAL HAZARDOUS WASTE LAWS & REG'S IS AN IMPORTANT CONSIDERATION IN THIS CASE. EPA REQUESTS THE INITIATION OF A CIVIL ACTION PURSUANT TO SECTION 3008 OF THE SDWA FOR VIOLATION OF THE COMMONWEALTH REG'S, THE RCRA STATUTE, AND AN EPA COMPLIANCE ORDER, AGAINST PROTECO, THE OPERATOR OF THE FACILITY, AS WELL AS COMPANIA GANADERA DEL SUR, INC., THE OWNER OF THE FACILITY. EPA RECOMMENDS THAT THE U.S. SEEK AN ORDER OF THE COURT TO COMPLY WITH ALL CURRENTLY VIOLATED REG'S AND SEEK APPROPRIATE CIVIL PENALTIES AGAINST PROTECO AND GANADERA, BASED ON THE EPA PENALTY POLICY. SEPT. 1, 1989 CIVIL REFERRAL UNDER RCRA PURSUANT TO SECTION 3008(A) AND (G), 42 U.S.C. SECTION 6928(A) AND (G), FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST PROTECO. PROPOSES THE FILING OF TWO DISTINCT ACTIONS AGAINST PROTECO. THE FIRST ACTION IS FOR VIOLATIONS OF ITS CONSENT DECREE. THE SECOND PROPOSED ACTION IS FOR VIOLATIONS OF THE INTERIM STATUS REQUIREMENTS UNDER RCRA. WITHOUT IMMEDIATE ACTION IN A FEDERAL FORUM, THE FACILITY WILL CON- TINUE TO OPERATE OUT OF COMPLIANCE. IN ORDER TO MINIMIZE THREAT TO HUMAN HEALTH AND THE ENVIRONMENT, THE CONSENT DECREE AND RCRA INTERIM STATUS VIOLATIONS MUST BE ENFORCED.

Defendants (3)

• PROTECCION TECNICA ECOLOGICA INCNamed in complaintNamed in settlement
• COMPANIA GANADERA DEL SUR INCNamed in complaintNamed in settlement
• PROTECCION (SETTLEMENT 2)Named in settlement

Facilities (1)

• PROTECCION TECNICA ECOLOGICA

  CARR 385 KM 3.5 TALL ABOA, PENUELAS, PR, 00624

  Registry ID: 110000907920

Statutes cited

• RCRA 3008G — Penalty Authority
• RCRA 3004C — Res Conserv & Rec Act
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (2)

• PROTECO ET ALentered 1987-10-23

  Primary law: RCRA

  Federal penalty: $850,000

• PROTECCION TECNICA ECOLOGICA, INC AND COMPANIA GANentered 1997-11-20

  Primary law: RCRA

  Federal penalty: $959,923

Timeline (7 milestones)

• 1986-03-31Referred To Headquarters
• 1986-05-09Referred To Dept Of Justice
• 1986-10-15Referred TO U.S. Attorney
• 1986-11-18Complaint Filed With Court
• 1997-07-07Final Order Lodged
• 1997-11-20Final Order Entered
• 1997-11-20Concluded