EPA v. Department of the Army, United States Army Fort Dix, New Jersey

Case summary

1) Respondent failed to operate facility so as to minimize the possibility of fire, explosion or unplanned release of a hazardous waste constituent, mercury, to the air that might result from its management of spent flourescent light bulbs, thereby threatening human health or the environment. This is a violation of 40 CFR 264.31; NJAC 7:26G-9.1(a); and Section II(3) of Haz.Waste Facility Permit. 2) Modify equipment/improve operation of bulb eater crushing unit so as to minimimize threat of releases of mercury vapors during the crushing of spent bulbs in an approved crushing unit. The Respondent has a Hazardous Waste Facility Permit and violated both the permit requirement and the State of New Jersey regulation (The New Jersey regulation is cited because the State of New Jersey was authorized to conduct a hazardous waste program). Fort Dix will develop an SOP for the operation of the Bulb Crusher and implement a sampling and analysis plan to ensure that the procedures in the SOP prevent exposures of workers above the NIOSH REL. A final report will then be submitted to EPA upon completion of the sampling and analysis evaluation.

Defendants (1)

• Dept of the Army U.S. Army Fort Dix, NJNamed in complaintNamed in settlement

Facilities (2)

• JOINT BASE MCGUIRE DIX LAKEHURST - FORT DIX

  5317 DELAWARE AVE, FORT DIX, NJ, 08640

  Registry ID: 110012708668

• JOINT BASE MCGUIRE DIX LAKEHURST - FORT DIX

  5317 DELAWARE AVE, FORT DIX, NJ, 08640

  Registry ID: 110012708668

Statutes cited

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

Enforcement conclusions (1)

• Department of the Army, United States Army Fort Dix, New Jerseyentered 2005-10-25

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2005-03-29Complaint Filed/Proposed Order
• 2005-03-31Enforcement Action Data Entered
• 2005-10-25Enforcement Action Closed
• 2005-10-25Final Order Issued