EPA v. CURTIS-MARUYASU AMERICA, INC.

Case summary

8/10/11 - CONSENT AGMT ISSUED ASSESSING A PENALTY OF $101,733, DUE WITHIN 30 DAYS. WORK TO BE PERFORMED: A. WITHIN 30 DAYS, RESPONDENT SHALL HAVE A QUALIFIED PROFESSIONAL ENGINEER (PE) ASSESS THE INTEGRITY OF THE PT TANK SYSTEM. THE ASSESSMENT OF THE PT TANK SYSTEM SHALL INCLUDE A VISUAL AND STRUCTURAL INSPECTION OR OTHER MECHANICAL EXAMINATION WHICH IS CAPABLE OF DETERMINING IF ANY PATHWAYS (I.E., DEFICIENT SURFACE COATINGS OR CRACKS) EXIST DURING THE OPERATION OF THE TANK SYSTEM AS A HAZ WASTE TANK SYSTEM THAT MAY HAVE ALLOWED HAZ WASTE TO ENTER INTO THE ENVIRONMENT. B. WITHIN 45 DAYS, RESPONDENT MUST SUBMIT A WRITTEN REPORT DESCRIBING THE PE ASSESSMENT OF THE PT TANK SYSTEM PERFORMED UNDER PARAGRAPH 60 ABOVE AND ANY CLEANING OF TANK SYSTEM THAT HAS BEEN PERFORMED, INCLUDE THE DATE OF THE CLEANING AND THE METHOD USED. C. IF THE REPORT REQUIRED ABOVE CONCLUDES THAT THERE ARE NO CRACKS OR CORROSION TO THE PT TANK SYSTEM, AND THAT ANY COATINGS ARE IN GOOD CONDITION, RESPONDENT MAY SUBMIT CONCURRENTLY WITH THE WRITTEN REPORT A PE CERTIFICATION IN ACCORDANCE WITH 40 CFR 270.11(d) THAT THE TANK SYSTEM WAS CAPABLE OF HANDLING HAZ WASTES, INCLUDE D002 AND D007, AND THAT NO RELEASES OF HAZ WASTE OR HAZ WASTE CONSTITUENT OCCURRED. D. IF RESPONDENT IS UNABLE TO SUBMIT THE PE CERTIFICATION, RESPONDENT MUST SUBMIT A CLOSURE PLAN FOR THE PT TANK SYSTEM IN ACCORDANCE WITH 40 CFR 265.197 WITHIN 45 DAYS.

Defendants (1)

• CURTIS-MARUYASU AMERICA, INC.Named in complaintNamed in settlement

Facilities (4)

• CURTIS MARUYASU AMERICA INC

  665 METTS DRIVE, LEBANON, KY, 40033

  Registry ID: 110000377823

• CURTIS MARUYASU AMERICA INC

  665 METTS DRIVE, LEBANON, KY, 40033

  Registry ID: 110000377823

• CURTIS MARUYASU AMERICA INC

  665 METTS DRIVE, LEBANON, KY, 40033

  Registry ID: 110000377823

• CURTIS MARUYASU AMERICA INC

  665 METTS DRIVE, LEBANON, KY, 40033

  Registry ID: 110000377823

Statutes cited

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

Enforcement conclusions (1)

• CURTIS-MARUYASU AMERICA, INC.entered 2011-08-10

  Primary law: RCRA

  Federal penalty: $101,733

Timeline (4 milestones)

• 2011-08-10Complaint Filed/Proposed Order
• 2011-08-10Final Order Issued
• 2011-08-26Enforcement Action Data Entered
• 2019-03-12Enforcement Action Closed