EPA v. NASSAU OIL TERMINAL

Case summary

THIS REFERRAL IS PURSUANT TO SECTION 3008(A) AND (G) OF RCRA, 42 U.S.C. SECTION 6928(A) AND (G), FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES TO REDRESS NASSAU OIL TERMINAL'S VIOLATIONS OF RCRA REQUIREMENTS THAT APPLY TO MARKETERS OF HAZARDOUS WASTE AND/OR USED OIL BURNED FOR ENERGY RECOVERY. AT THE REQUEST OF REGION II, EPA'S NEIC CONDUCTED INVESTI- GATIONS AT TEN FACILITIES IN NEW YORK AND NEW JERSEY, TO DETERMINE THEIR COMPLIANCE WITH THE WASTE OIL REGULATIONS. THESE INVESTIGATIONS, FOCUSED ON WHETHER THE MARKETING ACTIVITIES OF THESE FACILITIES COMPLIED WITH SUBPARTS D AND E OF 40 C.F.R. PART 266. NASSAU, ALONG WITH TWO ADDITIONAL NEW YORK FACILITIES AND ALL FIVE NEW JERSEY FACILITIES, WAS FOUND TO BE IN VIOLATION OF THE WASTE OIL REGULATIONS. THIS REFERRAL WARRANTS SPECIAL ATTENTION. THE ENVIRONMENTAL CONSEQUENCES OF VIOLATIONS OF PART 266 REGULATIONS ARE POTENTIALLY SERIOUS. NEITHER NASSAU NOR THE PARTIES DOING BUSINESS WITH NASSAU ARE LEGALLY PERMITTED TO HANDLE WASTE OIL CONTAMINATED WITH HAZARDOUS WASTE. SHOULD A SPILL OCCUR, OR SHOULD ANY FACILITY OR OPERATOR HANDLING NASSAU'S TAINTED PRODUCT GO BANKRUPT, THE POTENTIAL HARM TO THE ENVIRONMENT AND HUMAN HEALTH IS ENORMOUS. THE RESULT- ING 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 NASSAU 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 WITH HAZAR- DOUS WASTE ARE NOT PRESENT DURING TRANSACTIONS INVOLVING NASSAU'S WASTE OIL. BY FILING THESE EIGHT CASES, THE UNITED STATES CAN BEGIN TO ESTABLISH AN ENFORCEMENT PRESENCE IN AN AREA WHERE NON-COMPLIANCE THREATENS PUBLIC HEALTH. * FACILITY ADDRESS: 94 HAUSMAN STREET BROOKLYN, N.Y. 11222 OWNERSHIP: PRIVATE SIC CODE : 2992 * RETURNED TO REGION JANUARY 4, 1989. * REREFERRED TO DOJ SEPTEMBER 29, 1989. * DEFAULT ORDER W/PENALTY ENTERED ON AUGUST 8, 1991 * NO FURTHER ACTION TO COLLECT PEANLTY AS COMPANY IS NO LONGER IN BUSINESS. FMB REMOVED THIS ACTION FROM THEIR ACCOUNTS RECEIVABLE; NO FURTHER ACTION ON THIS MATTER CASE CLOSED ON JUNE 30, 1995

Defendants (1)

• NASSAU OIL TERMINALNamed in complaintNamed in settlement

Facilities (1)

• NEW YORK OIL RECOVERY INC

  94 HAUSMAN ST, BROOKLYN, NY, 11222

  Registry ID: 110004401399

Statutes cited

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

Enforcement conclusions (1)

• NASSAU OIL TERMINALentered 1991-08-08

  Primary law: RCRA

  Federal penalty: $900,000

Timeline (8 milestones)

• 1988-09-28Referred To Dept Of Justice
• 1989-01-04Returned To Region
• 1989-09-29Rereferred
• 1990-06-12Complaint Filed With Court
• 1991-08-08Final Order Lodged
• 1991-08-08Final Order Entered
• 1991-08-08Concluded
• 1995-06-30Enforcement Action Closed