EPA v. HUKILL CHEM CORP

Case summary

TANK FARM VIOLATIONS THE HAZARDOUS WASTE MANAGEMENT REGULATIONS REQUIRE OWNERS AND OPERATORS OF HAZARDOUS WASTE MANAGEMENT FACILITIES TO MAINTAIN AND OPERATE SUCH FACILITIES IN A MANNER THAT MINIMIZES THE POSSIBILITY OF THREAT TO HUMAN HEALTH OR THE ENVIRONMENT FROM ANY FIRE, EXPLOSION, OR UNPLANNED SUDDEN OR NONSUDDEN RELEASE OF HAZARDOUS WASTE OF HAZARDOUS WASTE CONSTITUENTS INTO THE AIR, SOIL OR SURFACE WATER. OAC 3745-54-31. OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES ARE RE- QUIRED TO CONDUCT FREQUENT INSPECTIONS FOR MALFUNCTIONS AND DETERIORATION, OPERATOR ERRORS, AND DISCHARGES WHICH MAY BE CAUSING OR LEAD TO A THREAT TO HUMAN HEALTH OR RELEASES OF HAZARDOUS WASTE CONSTITUENTS TO THE ENVIRONMENT, AND TO TAKE STEPS TO REMEDY SUCH PROBLEMS TO INSURE THAT THEY DO NOT LEAD TO AN ENVIRONMENTAL OR HUMAN HEALTH THREAT. OAC 3745-54-15. RESPONDENT HAS VIOLATED THE REGULATIONS CITED ABOVE; AS A RESULT HAZARDOUS WASTE AND HAZARDOUS WASTE CONSTITUENTS HAVE BEEN RELEASED INTO THE SOLVENT TANK FARM AREA WITH THE POTENTIAL OF CONTAMINATING THE SOIL AND GROUNDWATER, AND CREATING A POTENTIAL THREAT TO HUMAN HEALTH AND THE ENVIRON- MENT. PART A PERMIT REQUIREMENT VIOLATIONS OWNERS AND OPERATORS OF HAZARDOUS WASTE MANAGEMENT FACILI- TIES WERE REQUIRED TO SUBMIT A SCALE DRAWING SHOWING ALL PAST, PRESENT AND FUTURE TREATMENT, STORAGE AND DISPOSAL AREAS AT THEIR FACILITIES BY NOVEMBER 19, 1980. 40 CFR 270.13(H). ON NOVEMBER 12, 1980, RESPONDENT SUBMITTED A SCALE DRAWING TO U.S. EPA OF STORAGE AND DISPOSAL AREAS THAT FAILED TO ILLUSTRATE A BURIED CESTERN OR TANK LOCATED ON THE EAST SIDE OF RESPONDENT'S PROPERTY. SUBMITTAL OF THE INCOMPLETE DRAW- ING IS A VIOLATION OF 40 CFR SECTION 270.13(H). THE BURIED TANK HAS RECEIVED HAZARDOUS WASTE AND HAZARDOUS WASTE WATERS FROM THE FACILITY'S SOLVENT RECLAIMING OPERATIONS FOR STORAGE. THE TANK IS CORRODING, AND WASTES OR WASTE WATERS FROM THE BURIED TANK HAVE BEEN OR MAY BE RELEASED INTO THE SURROUNDING SOILS AS A RESULT OF TANK CORROSION AND THUS CONSTITUTES A POTENTIAL THREAT TO HUMAN HEALTH AND THE ENVIRONMENT. HAZARDOUS WASTE MANAGMENT VIOLATIONS RCRA COMPLIANCE INSPECTIONS OF THE FACILITY WERE CONDUCTED BY OEPA AS AUTHORIZED REPRESENTATIVE OF THE U.S. EPA ON APRIL 29, 1981, MAY 27, 1982, AND APRIL 28, 1983 AND MAY 10, 1983. A JOINT SITE VISIT WAS ALSO CONDUCTED BY THE U.S. EPA AND OEPA ON JULY 11, 1983 AND JOINT COMPLIANCE INSPECTION ON JULY 10, 1984. THE FOLLOWING VIOLATIONS WERE OBSERVED DURING ON OEPA APRIL 29, 1981, INSPECTION: (A) FAILURE TO KEEP RECORDS OF MALFUNCTIONS, RECORDS OF OPERATOR ERROR, AND RECORDS OF DISCHARGES AS REQUIRED BY 40 CFR 265.15; (B) FAILURE TO INCLUDE THE CONTINGENCY PLAN AN EVACUATION PLAN FOR FACILITY PERSONNEL AS REQUIRED BY 40 CFR 265.52 (F). (C) FAILURE TO PROVIDE CONTROLLED ENTRY TO THE FACILITY AS REQUIRED BY 40 CFR 265.14; AND (D) FAILURE TO MAINTAIN AN OPERATING RECORD AS REQUIRED BY 40 CFR 265.73. THE RESPONDENT WAS NOTIFIED OF THE VIOLATIONS AND PROVIDED A COPY OF THE APRIL 29, 1981, INSPECTION BY AN OEPA LETTER DATED AUGUST 26, 1981. THE FOLLOWING VIOLATIONS WERE OBSERVED DURING AN OEPA MAY 27, 1982, INSPECTION: (A) FAILURE TO HAVE AN ARTIFICIAL

Defendants (1)

• HUKILL CHEM CORPNamed in complaintNamed in settlement

Facilities (1)

• HUKILL CHEMICAL CORPORATION

  7013 KRICK RD., BEDFORD, OH, 44146

  Registry ID: 110000388232

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• HUKILL CHEM CORP

  Primary law: RCRA

  Federal penalty: $15,000

Timeline (4 milestones)

• 1984-10-21Enforcement Action Data Entered
• 1984-10-21Complaint Filed/Proposed Order
• 1985-08-29Compliance Achieved
• 1985-08-29Enforcement Action Closed