EPA v. STANDARD OIL CO

Case summary

SINCE THE RESPONDENT IS AN OWNER AND OPERATOR OF SURFACE IMPOUNDMENTS AND LAND TREATMENT FACILITIES WHICH ARE USED TO MANAGE HAZARDOUS WASTES, THE RESPONDENT IS REQUIRED TO COM- PLY WITH THE GROUNDWATER STANDARDS SET FORTH IN OHIO ADMIN- ISTRATIVE CODE REGULATIONS 3745-65-90 THROUGH 3745-65-94. IN A SEPTEMBER 29, 1983 LETTER FROM THE OHIO ENVIRONMENTAL PROTECTION AGENCY THE RESPONDENT WAS NOTIFIED THAT THE FOL- LOWING VIOLATIONS WERE OBSERVED DURING THE AUGUST 31, 1983 INSPECTION: (A) FAILURE TO POST NO SMOKING SIGNS NEAR THE CONTAINER STORAGE AREA WHERE IGNITABLE WASTE WAS BEING STORED AS RE- QUIRED BY OAC 3745-65-17(A). (B) FAILURE TO INCLUDE THE CONTAINER STORAGE AREA IN THE OPERATING RECORD. SPECIFICALLY, THE OPERATIN RECORD DID NOT INCLUDE THE FOLLOWING INFORMATION: A DESCRIPTION AND QUANTITY OF EACH CONTAINERIZED HAZARDOUS WASTE STORED ON- SITE, THE WASTES' COMMON NAME, EPA HAZARDOUS WASTE IDENTI- FICATION NUMBER, PHYSICAL STATE, AND THE EPA HANDLING CODE. THIS INFORMATION IS REQUIRED TO BE IN THE OPERATING RECORD AS SPECIFIED IN OAC 3745-65-73(B)(1). (C) FAILURE TO IMPLEMENT AN ADEQUATE GROUNDWATER MONITOR- ING PROGRAM CAPABLE OF DETERMINING THE FACILITY'S IMPACT ON THE QUALITY OF GROUNDWATER IN THE UPPERMOST AQUIFER UNDERLYING THE FACILITY AS REQUIRED BY OAC 3745-65-90(A). IN FAILING TO IMPLEMENT AN ADEQUATE GROUNDWATER MONITORING PROGRAM, THE RESPONDENT HAS ALSO VIOLATED THESE REGULA- TIONS PERTINENT TO THE GROUNDWATER MONITORING SYSTEM: FAILURE TO INSTALL AT LEAST ONE UPGRADIENT WELL IN THE UPPERMOST AQUIFER AS REQUIRED BY OAC 3745-65-91(A)(1); FAILURE TO OBTAIN REPRESENTATIVE GROUNDWATER SAMPLES FROM THE UPPERMOST AQUIFER AS REQUIRED BY OAC 3745-65-91(A)(1) (A); FAILURE TO INSTALL AT LEAST THREE DOWNGRADIENT WELLS WHICH DETECT THE MIGRATION OF HAZARDOUS WASTE OR CONSTI- TUENTS IN THE UPPERMOST AQUIFER AS REQUIRED BY OAC 3745- 65-91(A)(2); FAILURE TO ADEQUATELY MONITOR THE MULTIPLE WASTE MANAGEMENT COMPONENTS AT THE FACILITY AS REQUIRED BY OAC 3745-65-91(B); AND FAILURE TO SCREEN AND PACK, WHERE NECESSARY, THE CASING OF THE MONITORING WELLS TO ENABLE SAMPLE COLLECTION AT DEPTHS WHERE APPROPRIATE AQUIFER FLOW ZONES EXIST AS REQUIRED BY OAC 3745-65-91(C). (D) FAILURE TO EVALUATE THE DATA ON GROUNDWATER SURFACE ELEVATIONS IN THE MONITORING WELLS TO DETERMINE IF THE WELLS WERE PROPERLY PLACED AND FAILURE TO DESCRIBE THE RESPONSE TO THAT EVALUATION AS REQUIRED BY OAC 3745-65-93 (F) AND OAC 3745-65-94(A)(2)(C). (E) FAILURE TO SEPARATELY IDENTIFY FOR EACH MONITORING WELL ANY PARAMETERS WHOSE CONCENTRATION OR VALUE HAS BEEN FOUND TO EXCEED THE MAXIMUM CONTAMINANT LEVELS ALLOWED IN DRINKING WATER SUPPLIES AS REQUIRED BY OAC 3745-65-94(A) (2)(A). (F) FAILURE TO STORE A CONTAINER HOLDING HAZARDOUS WASTE IN A CLOSED POSITION AND STORING HAZARDOUS WASTE IN A CONTAINER THAT IS NOT IN GOOD CONDITION AS REQUIRED BY OAC 3745-55-73 AND OAC 3745-55-71. IN THE HAZARDOUS WASTE STORAGE AREA, A DRUM CONTAINING CARBON TETRACHLOR- IDE, EPA HAZARDOUS WASTE NUMBER U211, WAS CORRODED OPEN ON THE SIDE. THERE WERE ALSO SOME DRUMS THAT WERE OPEN AND OTHERS THAT WERE IN POOR CONDITION. (G) FAILURE TO EVALUATE A WASTE TO DETERMINE IF IT IS HAZARDOUS AS REQUIRED BY OAC 3745-52-11. AT THE TIME OF THE INSPECTION, DECOMMISSIONED DEBRIS FROM TANKS AND BUILDINGS WERE PLACED ON A WEATHERING PAD WITHOUT FIRST DETERMINING WHETHER THE DEBRIS IS HAZARDOUS IN ACCORDANCE WITH THE CRITERIA SET FORTH IN OAC 3745-51. THIS DEBRIS COULD BE CONTAMINATED WITH TETRAETHYL LEAD, A HAZARDOUS WASTE UNDER OAC 3745-51.

Defendants (1)

• STANDARD OIL CONamed in complaintNamed in settlement

Facilities (1)

• BP HUSKY TOLEDO REFINERY

  4001 CEDAR POINT RD., OREGON, OH, 43616

  Registry ID: 110000384361

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• STANDARD OIL CO

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (4 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Complaint Filed/Proposed Order
• 1985-08-05Compliance Achieved
• 1985-08-15Enforcement Action Closed