EPA v. EURAND AMERICA INC

Case summary

ON SEPTEMBER 28, 1982, RESPONDENT FILED A NOTIFICATION OF ITS HAZARDOUS WASTE ACTIVITIES. RESPONDENT FAILED TO SUB- MIT PART A OF ITS PERMIT APPLICATION TO STORE HAZARDOUS WASTE, AS REQUIRED BY 40 CFR 270.10(E) AND SECTION 3005 OF RCRA. THEREBY, RESPONDENT FAILED TO QUALIFY FOR INTERIM STATUS. UNDER SECTION 3010 OF RCRA, NO HAZARDOUS WASTE MAY BE TRANSPORTED, STORED OR DISPOSED OF UNLESS THE ABOVE NOTIFI-C ATION WAS RECEIVED ON OR BEFORE AUGUST 18, 1980. RESPONDENT HAS NOT SUBMITTED TO U.S. EPA A PART A PERMIT APPLICATION TO TREAT, STORE, OR DISPOSE OF HAZARDOUS WASTE. UNDER SECTION 3005(A) OF RCRA AND 40 CFR 124.3(A) AND 270.10(A), NO HAZARDOUS WASTE MAY BE TREATED, STORED OR DISPOSED OF WITHOUT A PERMIT OR HAVING ACHIEVED INTERIM STATUS. RESPONDENT FAILED TO ACHIEVE INTERIM STATUS UNDER SECTION 3005(A) OR 3010(A) OF RCRA FOR A FACILITY EXISTING ON OR BE- FORE NOVEMBER 19, 1980. RESPONDENT HAS NOT APPLIED FOR NOR RECEIVED A FINAL RCRA PERMIT. RESPONDENT IS NOT AUTHORIZED UNDER RCRA TO TREAT, STORE, OR DISPOSE OF HAZARDOUS WASTE. ON JUNE 7, 1983, OEPA CONDUCTED A RCRA INSPECTION OF RES- PONDENT'S FACILITY. DURING THE INSPECTION, OEPA DETERMINED THAT RESPONDENT GENERATED AND STORED IGNITABLE WASTE SOL- VENTS WHICH HAVE BEEN IDENTIFIED AND LISTED AS A HAZARDOUS WASTE UNDER SECTION 3001 OF THE ACT (40 CFR 261.21, HAZAR- DOUS WASTE CODE D001). IN ADDITION, DURING THE JUNE 7, 1983, INSPECTION OF RES- PONDENT'S FACILITY, OEPA OBSERVED THE FOLLOWING VIOLATIONS: A. FAILURE TO HAVE A DETAILED CHEMICAL AND PHYSICAL ANALY- SIS OF THE WASTE MATERIAL PURSUANT TO 40 CFR 265.13. B. FAILURE TO POST DANGER - UNAUTHORIZED PERSONNEL KEEP OUT SIGNS PURSUANT TO 40 CFR 265.14(C). C. FAILURE TO DEVELOP AND FOLLOW A WRITTEN INSPECTION PLAN PURSUANT TO 40 CFR 265.15 AND 265.174. D. FAILURE TO HAVE A PERSONNEL TRAINING PROGRAM PURSUANT TO 40 CFR 265.16. E. FAILURE TO MEET THE GENERAL REQUIREMENTS FOR IGNITABLE WASTE PURSUANT TO 40 CFR 265.17(A). F. FAILURE TO HAVE PORTABLE FIRE CONTROL EQUIPMENT PURSUANT TO 40 CFR 265.32. G. FAILURE TO TEST AND MAINTAIN EQUIPMENT PURSUANT TO 40 CFR 265.33. H. FAILURE TO PROVIDE ACCESS TO COMMUNICATIONS OR AN ALARM SYSTEM PURSUANT TO 40 CFR 265.34. I. FAILURE TO MAINTAIN ADEQUATE AISLE SPACE PURSUANT TO 40 CFR 265.35. J. FAILURE TO MAKE EMERGENCY ARRANGEMENTS WITH LOCAL AUTHORITIES PURSUANT TO 40 CFR 265.37. K. FAILURE TO HAVE AND DISTRIBUTE A CONTINGENCY PLAN PUR- SUANT TO 40 CFR 265.51, 52, AND 53. L. FAILURE TO HAVE AN EMERGENCY COORDINATOR PURSUANT TO 40 CFR 265.55. M. FAILURE TO MAINTAIN AN OPERATING RECORD PURSUANT TO 40 CFR 265.73. N. FAILURE TO SUBMIT A BIENNIAL REPORT PURSUANT TO 40 CFR 265.75. O. FAILURE TO HAVE A CLOSURE PLAN PURSUANT TO 40 CFR 265.112. P. FAILURE TO ESTABLISH FINANCIAL ASSURANCE FOR CLOSURE PURSUANT TO 40 CFR 265.143. Q. FAILURE TO PROVIDE RESPONSIBILITY FOR SUDDEN ACCIDENTAL OCCURRENCES PURSUANT TO 40 CFR 265.147. R. FAILURE TO MAINTAIN CONTAINERS IN GOOD CONDITION PUR- SUANT TO 40 CFR 265.171.

Defendants (1)

• EURAND AMERICA INCNamed in complaintNamed in settlement

Facilities (1)

• EURAND AMERICA INC

  50 RIVER PARK DRIVE, DAYTON, OH, 45409

  Registry ID: 110004639124

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• EURAND AMERICA INC

  Primary law: RCRA

  Federal penalty: $11,000

Timeline (4 milestones)

• 1985-09-27Enforcement Action Data Entered
• 1985-09-27Complaint Filed/Proposed Order
• 1986-02-28Enforcement Action Closed
• 1986-02-28Compliance Achieved