EPA v. DELAWARE, STATE OF DEPARTMENT OF CORRECTIONS

Case summary

THIS CASE INVOLVES THE FAILURE OF THE STATE OF DELAWARE, DEPARTMENT CORRECTION, RESPONDENT) TO PREPARE A SPILL PREVENTION CONTROL AND COUNTERMEASURE( SPCC ) PLAN IN ACCORDANCE WITH 40 C.F.R. SECTION 112.7 AS REQUIRED BY 40 C.F.R. SECTION 112.3(B)FOR THE STATE CORRECTIONAL CENTER AT SMYRNA, DELAWARE). EPA CONDUCTED A MULTIMEDIA INSPECTION OF THE FACILITY ON JULY 26 AND 27, 2001. A REPRESENTATIVE OF THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL ( DNREC ) PARTICIPATED IN THE INSPECTION. FACILITY PERSONNEL ADMITTED AT THE TIME OF THE EPA INSPECTION THAT THE FACILITY DID NOT HAVE AN SPCC PLAN. THE FACILITY IS LOCATED ADJACENT DUCH CREEK, WHICH FLOWS TO THE DELAWARE RIVER. THE FACILITY HAS ELEVEN ABOVE-GROUND TANKS WITH A TOTAL STORAGE CAPACITY OF 7,200 GALLONS. THE TANK ARE USE TO STORE DIESEL FUEL, KEROSENE, WASTE OIL, AND GASOLINE. THE FACILITY HAS THREE TANKS USED TO STORE DIESEL FUEL WITH UNDERGROUND STORAGE CAPACITY OF 3,000 GALLONS. COUNT I. OWNING AND OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS: RCRA SECTION 3005(A), 42 U.S.C. SECTION 6925(A), NORMALLY REQUIRES PERSONS OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE TO OBTAIN A PERMIT. HOWEVER, GENERATORS OF HAZARDOUS WASTE MAY ACCUMULATE HAZARDOUS WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS PROVIDED THAT THE GENERATOR COMPLIES WITH CERTAIN PROVISIONS OF RCRA SET FORTH IN 40 C.F.R. 262.34(A)AND DRGHW SECTION 262.34. DUE TO CERTAIN ACTS OR OMISSIONS, RESPONDENT, AT THE TIME OF EPA'S INSPECTION FAILED TO QUALIFY FOR THE PERMIT EXEMPTION PROVIDED UNDER 40 C.F.R. 262.34(A) AND DRGHW SECTION 262.34 FOR STORAGE OF HAZARDOUS WASTE. NAMELY, RESPONDENT FAILED TO MAKE ITS HAZARDOUS WASTE CONTAINERS WITH THE ACCUMULATION COMMENCEMENT DATES, ACCUMULATED HAZARDOUS WASTE IN A DAMAGE CONTAINER, FAILED TO MARK ITS CONTAINERS WITH THE LABEL HAZARDOUS WASTE , LEFT ITS HAZARDOUS WASTE CONTAINERS OPENED AT TIMES OTHER THAN NECESSARY TO ADD OR REMOVE CONTENTS, FAILED TO HAVE PORTABLE FIRE EXTINGUISHERS IN AREAS WHERE HAZARDOUS WASTE WAS STORED FAILED TO MAINTAIN ADEQUATE AISLE SPACE TO ALLOW UNOBSTRUCTED MOVEMENT OF PERSONNEL, FIRE PROTECTION EQUIPMENT SPILL CONTROL EQUIPMENT AND DECONTAMINATION EQUIPMENT, AN DID NOT INSPECT THE HAZARDOUS WASTE STORAGE AREA AS REQUIRED UNDER THE RCRA REGULATIONS.

Defendants (1)

• DELAWARE, STATE OF DEPARTMENT OF CORRECTNamed in complaintNamed in settlement

Facilities (1)

• DELAWARE CORRECTION CTR

  SMYRNA LANDING RD RTE 485, SMYRNA, DE, 19977

  Registry ID: 110012285954

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• DELAWARE, STATE OF DEPARTMENT OF CORRECTIONSentered 2004-04-01

  Primary law: CWA

  Federal penalty: $25,000 · SEP: $80,000

Timeline (3 milestones)

• 2002-01-09Enforcement Action Data Entered
• 2002-03-28Complaint Filed/Proposed Order
• 2004-04-01Final Order Issued