EPA v. FORMOSA PLASTICS CORPORATION (DELAWARE CITY)

Case summary

(1) RESPONDENT VIOLATED DRGHW 122.1 AND 122.70 AND SECTION 3005 (a) and (e) OF RECRA, 42 U.S.C. 6925(a) AND (e), BY OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS OR VALID EXEMPTION. (2) RESPONDENT VIOLATED DRGHW 264.173(a), BY FAILING TO KEEP THE HAZARDOUS WASTE CONTAINERS CLOSED AT TIMES WHEN IT WAS NOT NECESSARY TO ADD OR REMOVE WASTE. (3) RESPONDENT VIOLATED DRGHW 264.31, BY FAILING TO MAINTAIN AND OPERATE THE FACILITY TO MINIMIZE THE POSSIBILITY OF FIRE, EXPLOSION, OR ANY UNPLANNED, SUDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS WASTE CONSTITUENTS TO THE AIR, SOIL OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRONMENT. (4) RESPONDENT VIOLATED DRGHW 264.52 AND DRGHW 264.53(B), BY FAILING TO LIST INT HE FACILITY CONTINGENCY PLAN THE HOME ADDRESSES OF ALL PERSONS QUIALIFIED TO ACT IN AN EMERGENCY AND FAILING TO SUBMIT A COPY OF THE FACILITY'S CONTINGENCY PLAN AND ALL REVISIONS OF THE PLAN TO ALL LOCAL POLICE DEPARTMENTS, FIRE DEPARTMENTS, HOSPITALS, AND STATE AND LOCAL EMERGENCY RESPONSE TEAMS THAT MAY BE CALLED UPON TO PROVIDE EMERGENCY SERVICES. (5) ON NINE SEPARATE OCCASIONS BETWEEN AUGUST 11, 2011 THROUGH MA7, 2012, RESPONDENT VIOLATED DRGHW 265.174 BY FAILING TO CONDUCT WEEKLY INSPECTIONS OF THE AREA AT THE FACILITY USED TO STORE CONTAINERS OF HAZARDOUS WASTE. (6) RESPONDENT VIOLATED DRGHW 264.1(d)(1)-(2), BY FAILING TO MAINTAIN AT THE FACILITY THE DOCUMENTATION REQUIRED BY DRGHW 264.16(d)(1) AND (2). (7) RESPONDENT VIOLATED DRGHW 273.13(d)(1) AND DRGHW 273.14(e) BY FAILING TO LABEL, DATE AND STORE UNIVERSAL WASTE LAMPS AS REQUIRED BY DRGHW 273.13(d)(1) AND DRGHW C.F.R. 273.14(e).

Defendants (1)

• FORMOSA PLASTICS CORPORATION (DELAWARE CITY)Named in complaintNamed in settlement

Facilities (1)

• DELAWARE CITY PVC SITE

  780 SCHOOLHOUSE ROAD, DELAWARE CITY, DE, 197060320

  Registry ID: 110000338536

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• FORMOSA PLASTICS CORPORATION (DELAWARE CITY)entered 2015-09-17

  Primary law: RCRA

  Federal penalty: $112,500

Timeline (3 milestones)

• 2015-09-17Complaint Filed/Proposed Order
• 2015-09-17Final Order Issued
• 2015-09-30Enforcement Action Data Entered