EPA v. LUXAPALILA VALLEY RAILROAD, INC.

Case summary

12/6/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $106,100, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IS AN OWNER AND OPERATOR OF A TRANSFER FACILITY . RESPONDENT IS A TRANSPORTER OF HAZARDOUS WASTE. ON SEPT 5, 2007, RESPONDENT NOTIFIED THE MS DEPT OF ENVIRONMENTAL QUALITY (MDEQ) AS A HAZARDOUS WASTE TRANSPORTER OF K061, A LISTED HAZ WASTE. ON DEC 24, 2015, EPA ISSUED RESPONDENT AN INFO REQUEST LETTER PURSUANT TO RCRA 3007. IN THE LETTER, EPA ASKED FOR RESPONDENT'S RECORDS RELATED TO THE MANAGEMENT OF RAILCARS THAT CONTAIN K061. AFTER REVIEWING RESPONDENT'S RESPONSE TO EPA'S 3007 INFO REQUEST LETTER, EPA DETERMINED THAT, ON SEVERAL OCCASIONS, RESPONDENT STORED MANIFESTED RAILCARS THAT CONTAINED HAZ WASTES (K061) FOR LONGER THAN 10 DAYS AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED SECTION 17-17-27(4) OF THE MISSISSIPPI CODE, MISS, CODE ANN. SECTION 17-17-27(4) RCRA 3005) BY STORING HAZ WASTE FOR GREATER THAN 10 DAYS WITHOUT A PERMIT OR INTERIM STATUS.

Defendants (1)

• LUXAPALILA VALLEY RAILROAD, INC.Named in complaintNamed in settlement

Facilities (1)

• LUXAPALILA VALLEY RAILROAD INC

  201B 19TH STREET NORTH, COLUMBUS, MS, 39701-7721

  Registry ID: 110038361554

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• LUXAPALILA VALLEY RAILROAD, INC.entered 2016-12-06

  Primary law: RCRA

  Federal penalty: $106,100

Timeline (4 milestones)

• 2016-12-06Complaint Filed/Proposed Order
• 2016-12-06Final Order Issued
• 2016-12-08Enforcement Action Data Entered
• 2017-01-05Enforcement Action Closed