EPA v. C & B ENTERPRISES

Case summary

THE PROVISIONS OF 40 CFR 265.16, REQUIRE AN OWNER OR OPERATOR OF HAZARDOUS WASTE FACILITY TO MAINTAIN WRITTEN JOB TITLES AND JOB DESCRIPTIONS FOR EACH POSITION AT THE FACILI- TY RELATED TO HAZARDOUS WASTE MANAGEMENT, THE NAME OF THE EMPLOYEE FILLING EACH JOB, A WRITTEN DESCRIPTION OF INTRO- DUCTORY AND CONTINUING HAZARDOUS WASTE TRAINING FOR EACH EMPLOYEE, AND RECORDS OF SUCH TRAINING. ON THE DATE OF THE INSPECTION, RESPONDENT COULD NOT PRODUCE RECORDS OF ALL JOB TITLES, JOB DESCRIPTIONS, THE NAME OF THE EMPLOYEE IN EACH JOB, OR DESCRIPTIONS AND RECORDS OF TRAINING. THE PROVISIONS OF 40 CFR 265.52(D), REQUIRE AN OWNER OR OPERATOR OF A HAZAROUS WASTE FACILITY TO HAVE A CONTINGENCY PLAN THAT LISTS PHONE NUMBERS OF EMERGENCY COORDINATORS. ON THE DATE OF INSPECTION, RESPONDENT COULD NOT PROVIDE PHONE NUMBERS FOR THE EMERGENCY COORDINATORS. THE PROVISIONS OF 40 CFR 262.34(A)(2) AND (3), REQUIRE THAT BEFORE A GENERATOR OF HAZARDOUS WASTE CAN ACCUMULATE HAZARDOUS WASTE UP TO 90 DAYS WITHOUT A PERMI OR WITHOUT INTERIM STATUS, THE GENERATOR MUST MARK EACH CONTAINER OF WASTE WITH THE DATE ACCUMULATION BEGAN AND LABEL EACH CON- TAINER WITH THE WORDS HAZARDOUS WASTE. ON THE DATE OF THE INSPECTION, RESPONDENT WAS ACCUMULATING WASTE IN CONTAINERS WHICH DID NOT BEAR THE REQUIRED DATE AND HAZARDOUS WASTE LABELING. THE PROVISIONS OF 40 CFR 265.35, REQUIRE AN OWNER OR OPERATOR OF A HAZARDOUS WASTE FACILITY TO MAINTAIN AISLE SPACE ADEQUATE TO ALLOW THE UNOBSTRUCTED MOVEMENT OF PER- SONNEL, FIRE PROTECTION EQUIPMENT, AND DECONTAMINATION EQUIPMENT. ON THE DATE OF THE INSPECTION ADEQUATE AISLE SPACE FOR THESE PURPOSES WAS NOT MAINTAINED. THE PROVISIONS OF 40 CFR 265.174, REQUIRE AN OWNER OR OPERATOR OF A HAZARDOUS WASTE FACILITY TO CONDUCT WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREA LOOKING FOR LEAKS AND DETERIORATION. ON THE DATE OF THE INSPECTION, RESPON- DENT HAD NOT DEVELOPED AN INSPECTION LOG TO LOOK FOR LEAKS AND DETERIORATION. ON MARCH 14, 1985, MDNR ISSUED A LETTER OF WARNING TO RESPONDENT, INFORMING RESPONDENT OF THE VIOLATIONS, AND REQUESTING CORRECTIVE MEASURES BE COMPLETED BY APRIL 8, 1985. THE CORRECTIVE MEASURES WERE NOT TAKEN BY APRIL 8, 1985.

Defendants (1)

• C & B ENTERPRISESNamed in complaintNamed in settlement

Facilities (1)

• C AND B ENTERPRISES

  6347 KING RD, MARINE CITY, MI, 48039

  Registry ID: 110009597613

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• C & B ENTERPRISES

  Primary law: RCRA

  Federal penalty: $7,000

Timeline (4 milestones)

• 1985-06-28Enforcement Action Data Entered
• 1985-06-28Complaint Filed/Proposed Order
• 1986-01-29Compliance Achieved
• 1986-01-29Enforcement Action Closed