EPA v. WASTEX RESEARCH, INC.

Case summary

NATURE OF CASE THIS CASE INVOLVES A 13.8 ACRE FACILITY IN EAST ST. LOUIS, ILLINOIS WHICH IS IN THE BUSINESS OF HANDLING, TREATING, STORING AND TRANSPORTING HAZARDOUS WASTE. WASTEX HANDLES WASTE PAINT SOLVENTS PRIMARILY, BUT WASTE INKS AND OILS ARE ALSO PART OF THE OPERATION. APPROXIMATELY TEN INVESTIGATIONS HAVE BEEN CONDUCTED AT THE SITE. THE FACILITY HAS BEEN FOUND TO HAVE SUBSTANTIAL RECURRING VIOLATIONS OF THE INTERIM STATUS STANDARDS SET FORTH IN 40 C.F.R. PART 265. THE MAIN PROBLEMS AT THE SITE RELATE TO THE THOUSANDS OF DRUMS WHICH CONTAIN HAZARDOUS WASTE IN LEAKING BULGING AND POORLY LABELED CONTAINERS, HUNDREDS OF WHICH DO NOT HAVE TOPS ON THEM. THESE DRUMS ARE STACKED IN ROWS THREE DRUMS HIGH WITH NO AISLE SPACE BETWEEN THEM. THERE ARE ALSO VIOLATIONS WHICH RELATE TO RCRA REGULATIONS PERTAINING TO INSPECTIONS, PLANS, RECORDS AND SAFETY PRO- CEDURES. CAUSE OF ACTION EPA AUTHORITY TO BRING THIS ACTION IS BASED ON SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT, WHICH AUTHORIZES THE ADMINISTRATOR TO SEEK CIVIL INJUNCTIVE RELIEF AND PENALTIES FOR VIOLATIONS OF THE AGENCY'S SUBTITLE C REGULATIONS, AND REGULATIONS OF AUTHORIZED STATE PROGRAMS WHICH GOVERN OWNERS AND OPERATORS OF HAZARDOUS WASTE MANAGE- MENT FACILITIES. PROPOSED REMEDY THE PROPOSED REMEDY INCLUDES A COURT ORDER PERMANENTLY ENJOINING WASTEX TO CORRECT THE VIOLATIONS OF RCRA THAT ARE ENUMERATED IN THE COMPLAINT; AND THE IMPOSITION OF STATUTORY PENALTIES AGAINST THE COMPANY FOR THE VIOLATIONS. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS IS ONE OF THE FIRST REFERRRALS UNDER SECTION 3008 OF RCRA FROM REGION V FOR CIVIL LITIGATION INVOLVING VIOLATIONS OF INTERIM STATUS STANDARDS REGULATIONS.

Defendants (1)

• WASTEX, INC.Named in complaintNamed in settlement

Facilities (2)

• WASTEX RESEARCH INCORPORATED

  2000 BROADWAY AVE, E ST LOUIS, IL, 62205

  Registry ID: 110000612695

• WASTEX RESEARCH INCORPORATED

  2000 BROADWAY AVE, E ST LOUIS, IL, 62205

  Registry ID: 110000612695

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• WASTEX RESEARCH, INC.entered 1987-07-31

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1984-03-29Referred To Headquarters
• 1984-05-11Referred To Dept Of Justice
• 1984-09-24Complaint Filed With Court
• 1987-07-31Final Order Lodged
• 1987-07-31Final Order Entered
• 1987-07-31Concluded
• 1987-07-31Enforcement Action Closed