EPA v. ENVIRONMENTAL CONTROL SERVICES INC

Case summary

REGULATION 40 CFR 263.12 ALLOWS A TRANSPORTER TO STORE MANIFESTED SHIPMENTS OF HAZAROUS WASTE AT A TRANSFER FACILITY WITHOUT HAVING A RCRA PERMIT OR WITHOUT HAVING ACHIEVED INTERIM PROVIDED THAT: A. THE CONTAINERS MEET THE REQUIREMENTS OF 262.30; AND B. THE PERIOD OF STORAGE IS TEN DAYS OF LESS. ON MARCH 26, 1984, A COMPLIANCE INSPECTION WAS CONDUCTED BY THE MDNR AS AN AUTHORIZED REPRESENTATIVE OF U.S. EPA. DURING THE MDNR INSPECTION, COMPANY MANIFESTS INDICATED THAT SEVERAL SHIPMENTS OF MANAGED HAZARDOUS WASTES WERE STORED IN EXCESS OF THE TEN-DAY LIMIT. ON APRIL 4, 1984, MDNR NOTIFIED RESPONDENT THAT IT COULD NOT STORE HAZARDOUS WASTE LONGER THEN TEN DAYS BECAUSE THE FACILITY DID NOT HAVE A PERMIT TO DO SO. MDNR REQUESTED RESPONDENT TO REPLY TO THE APRIL 4, 1984, NOTICE BY APRIL 20, 1984, PROVIDING DOCUMENTATION TO THE MDNR OF THOSE ACTIONS BEING TAKEN TO CORRECT THE ABOVE VIOLATION. RESPONDENT HAS NOT RESPONDED TO THE APRIL 4, 1984, NOTICE OF VIOLATION. ON JULY 11, 1984, A COMPLIANCE INSPECTION WAS CONDUCTED BY THE MDNR AS AN AUTHORIZED REPRESENATIVE OF U.S. EPA. DURING THE MDNR INSPECTION, REVIEW OF COPIES OF THE RESPONDENT'S MANIFESTS INDICATED THAT SEVEN SHIPMENTS OF MANAGED HAZAR- DOUS WASTES WERE STORED IN EXCESS OF THE TEN-DAY LIMIT.

Defendants (1)

• ENVIRONMENTAL CONTROL SERVICES INCNamed in complaintNamed in settlement

Facilities (1)

• ENVIRONMENTAL CONTROL SERVICES INC

  3664 EASTERN AVE, GRAND RAPIDS, MI, 49508

  Registry ID: 110003718317

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• ENVIRONMENTAL CONTROL SERVICES INC

  Primary law: RCRA

  Federal penalty: $1,100

Timeline (4 milestones)

• 1984-12-04Enforcement Action Data Entered
• 1984-12-04Complaint Filed/Proposed Order
• 1985-01-31Compliance Achieved
• 1985-01-31Enforcement Action Closed