EPA v. ESCAMBIA TREATING COMPANY, INC.

Case summary

IN THE EARLY 1980'S, ESCAMBIA TREATING COMPANY, INC. (ESCAMBIA) OWNED AND OPERATED FOUR WOOD TREATMENT FACILITIES LOCATED IN PENSACOLA, FL.; BROOKHAVEN, MS.; BRUNSWICK. GA.; AND CAMILLA, GA. THE COMPANY HEADQUARTERS WAS ALSO LOCATED IN PENSACOLA. EACH FACILITY INCLUDED A SURFACE IMPOUNDMENT, CONTAINING A BOTTOM SEDIMENT SLUDGE DESIGNATED AS EPA HAZARDOUS WASTE NUMBER K001. CONSEQUENTLY, THE FACILITIES WERE SUBJECT TO REGULATION UNDER RCRA, 42 U.S.C. SECTION 9601, AND A PART A APPLICATION WAS SUBMITTED FOR EACH FACILITY, QUALIFYING THE FACILITIES FOR INTERIM STATUS. HOWEVER, ADEQUATE PART B APPLICATIONS HAVE NOT BEEN RECEIVED FOR ANY OF THE FACILITIES, NOR HAVE THE GROUNDWATER MONITORING REQUIREMENTS OF 40 CFR PART 265, SUBPART F, AND THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF 40 CFR PART 265, SUBPART H, BEEN MET. AS A RESULT, EACH FACILITY HAS LOST INTERIM STATUS. THERE ARE ADDITIONAL VIOLATIONS AT EACH FACILITY RELATED TO CLOSURE, POST-CLOSURE CARE, GROUNDWATER MONITORING, GROUNDWATER QUALITY ASSESSMENT, LIABILITY INSURANCE REQUIRE- MENTS AND GENERAL FACILITY OPERATING STANDARDS. IN ADDITION, CORRECTIVE ACTION WILL BE REQUIRED AT EACH FACILITY. THE PARCELS OF LAND ON WHICH THE REGULATED SURFACE IMPOUNDMENTS SIT REMAIN AS THE PRINCIPAL ASSETS. THE COMPANY NOW LACKS SUFFICIENT ASSETS TO CLOSE THE IMPOUNDMENTS AND TO CARRY OUT THE CORRECTIVE ACTION NEEDED AT EACH FACILITY. AMONG THE DEFENDANTS TO BE NAMED IN ADDITION TO ESCAMBIA ARE THE FIVE SUCCESSOR CORPORATIONS; THE HOLDING COMPANY WHICH OWNS ALL THE STOCK OF ESCAMBIA; AND THE FAMILY MEMBERS WHO PREVIOUSLY OWNED THE STOCK OF THE ORIGINAL HOLDING COMPANY

Defendants (11)

• CAMILLA WOOD PRESERVING COMPANY, INC.Named in complaintNamed in settlement
• CENTRAL SOUTH INDUCTRIES, INC.Named in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2Named in complaintNamed in settlement
• ESCAMBIA TREATING COMPANY, INC.Named in complaintNamed in settlement
• INTERNATIONAL UTILTIY SUPPLY CORPORATIONNamed in complaintNamed in settlement
• SOULE, CHARLES JR.Named in complaintNamed in settlement
• SOULE, CHARLES SR.Named in complaintNamed in settlement
• SOULE, MARGARET M.Named in complaintNamed in settlement
• BROOKHAVEN WOOD PRESERVING COMPANY, INC.Named in complaintNamed in settlement
• BRUNSWICK WOOD PRESERVING COMPANY, INC.Named in complaintNamed in settlement
• U.S. POLE & SUPPLY CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• CAMILLA WOOD PRESERVING COMPANY

  131 EAST BENNETT STREET, CAMILLA, GA, 31730

  Registry ID: 110000611669

• ESCAMBIA TREATING COMPANY

  3910 NORTH PALAFOX STREET, PENSACOLA, FL, 325220

  Registry ID: 110000611384

• ESCAMBIA TREATING COMPANY INCORPORATED

  150 PERRY LANE, BRUNSWICK, GA, 31520

  Registry ID: 110002152544

• BROOKHAVEN WOOD PRESERVING CO

  1490 N. 1ST ST., BROOKHAVEN, MS, 39601

  Registry ID: 110002108004

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3004U — Res Conserv & Rec Act
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (2)

• ESCAMBIA COUNTY TREATING CO.entered 1990-12-20

  Primary law: RCRA

  Federal penalty: $20,000

• ESCAMBIA TREATING CO.entered 1992-11-09

  Primary law: RCRA

Timeline (8 milestones)

• 1987-12-23Referred To Headquarters
• 1988-02-29Referred To Dept Of Justice
• 1988-09-30Referred TO U.S. Attorney
• 1988-09-30Complaint Filed With Court
• 1992-11-09Final Order Lodged
• 1992-11-09Final Order Entered
• 1992-11-09Concluded
• 2002-04-22Enforcement Action Closed