EPA v. J.B. WASTE OIL

Case summary

THIS REFERRAL IS PURSUANT TO SECTION 3008(A) AND (G) OF RCRA, 42 U.S.C. SECTIOON 6928(A) AND (G), FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES. AT THE REQUEST OF REGION II, EPA'S NEIC CONDUCTED IN- VESTIGATIONS AT TEN FACILITIES IN NEW YORK AND NEW JERSEY, TO DETERMINE THEIR COMPLIANCE W/THE WASTE OIL REGULATIONS. IN THIS CASE, NEIC ANALYSIS OF THE SAMPLES COLLECTED AT DEFENDANT'S FACILITY LOCATED IN QUEENS, NEW YORK, REVEALED THE PRESENCE OF TOTAL HALOGENS AT LEVELS WELL OVER 1,000 PPM IN FIVE OF THE SIX TANKS, TRUCKS, AND RACK SAMPLED. THESE SAMPLING RESULTS MEAN THAT DEFENDANT WAS SUBJECT TO 40 C.F.R PART 266, SUBPARTS D, AND RCRA SUBTITLE C REQUIREMENTS. THE THE ENVIRONMENTAL CONSEQUENCES OF VIOLATIONS OF PART 266 REG'S ARE POTENTIALLY SERIOUS. NEITHER J.B. NOR THE PARTIES DOING BUSINESS WITH J.B. ARE LEGALLY PERMITTED TO HANDLE WASTE OIL CONTAMINATED WITH HAZARDOUS WASTE. SHOULD A SPILL OCCUR, OR SHOULD ANY FACILITY OR OPERATOR HANDLING J.B.'S TAINTED PRODUCT GO BANKRUPT, THE POTENTIAL HARM TO THE ENVIRONMENT AND HUMAN HEALTH IS ENORMOUS. THE RESULTING CLEANUP WOULD LIKELY BECOME THE BURDEN OF FEDERAL, STATE AND/OR LOCAL AGENCIES, AND THE TAX PAYER. SIMILARLY, THE POTENTIAL DANGERS RESULTING FROM THE BURN- ING OF THIS TAINTED PRODUCT ARE EQUALLY GRAVE. OPERATORS AND FACILITIES DOING BUSINESS WITH J.B. EXPECT TO RECEIVE AN OFF-SPECIFICATION USED OIL. THESE OPERATORS DO NOT EXPECT TO RECEIVE, AND ARE UNPREPARED TO HANDLE, HAZARDOUS WASTE USED OIL. CONSEQUENTLY, THE ENVIRONMENTAL AND HUMAN HEALTH SAFEGUARDS REQUIRED BY LAW WHEN DEALING W/HAZ WASTE ARE NOT PRESENT DURING TRANSACTIONS INVOLVING J.B.'S WASTE OIL. BY FILING THESE EIGHT CASES, THE UNITED STATES CAN BEGIN TO ESTABLISH AN ENFORCEMENT PRESENCE IN AN AREA WHERE NONCOMPLIANCE THREATENS PUBLIC HEALTH. 09/28/88 - REFERRED TO DOJ 01-04-89 - RETURNED TO REGION 09/29/89 - REREFERRED TO DOJ 06/12/90 - COMPLIANT FILED 05/17/95 - DECREE LODGED * 08/08/95 - DECREE ENTERED BY THE COURT * 08/08/00 - ALL TERMS OF CD SATISIFIED. DECREE AND CASE ARE CLOSED.

Defendants (1)

• J.B. WASTE OILNamed in complaintNamed in settlement

Facilities (2)

• J B WASTE OIL CO INC

  18-18 41ST ST, ASTORIA, NY, 111051025

  Registry ID: 110004410940

• J B WASTE OIL CO INC

  18-18 41ST ST, ASTORIA, NY, 111051025

  Registry ID: 110004410940

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• J.B. WASTE OIL, INCentered 1995-08-08

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1988-09-28Referred To Dept Of Justice
• 1989-01-04Returned To Region
• 1989-09-29Rereferred
• 1990-06-12Complaint Filed With Court
• 1995-05-17Final Order Lodged
• 1995-08-08Final Order Entered
• 1995-08-08Concluded
• 2000-08-08Enforcement Action Closed