EPA v. GATEWAY PETROLEUM CO., INC.

Case summary

DATE VIOLATION DETERMINED: 11/06/86 IDENTITY OF DEFENDANT: GATEWAY PETROLEUM CO., INC., 3000 MISSOURI AVE., EAST ST. LOUIS, IL 62205. ALLEGED VIOLATIONS: GATEWAY PETROLEUM IS A BLENDING AND MARKETING FACILITY WHICH PURCHASES USED OIL AND SOLVENTS, WHICH ARE THEN BLEND- ED AND SOLD TO CUSTOMERS AS FUEL. A NOVEMBER 6, 1986 USEPA SAMPLING INSPECTION FOUND IT TO BE SUBJECT TO THE STRINGENT 40 CFR SUBPART D REGULATIONS APPLICABLE TO HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY, AND NOT THE LESS STRINGENT SUB- PART E REGULATIONS AS IT HAD CLAIMED. NUMEROUS VIOLATIONS OF THE APPLICABLE REGULATIONS WERE NOTED AT THAT TIME. PROPOSED RELIEF: THE AGENCY SEEKS INJUNCTIVE RELIEF REQUIRING: 1) GATEWAY TO CEASE UNPERMITTED ACCEPTANCE OF HAZARDOUS WASTE; 2) GATE WAY TP SUBMIT A CLOSURE PLAN FOR REMOVAL; 3) GATEWAY TO CLOSE ITS FACILITY IAW THE TERMS OF THE APPROVED CLOSURE PLAN; 4) GATEWAY TO COMPLY WITH ALL APPLICABLE STATE AND FEDERAL REGULATIONS THROUGH CLOSURE; AND 5) GATE TO INSTI- TUTE CORRECTIVE ACTION AS NECESSARY. IN ADDITION, THE AGEN- CY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST GATEWAY IN AN AMOUNT UP TO $25,000 PER DAY OF VIOLATION PURSUANT TO RCRA S3008G. RECENT CONTACTS WITH DEFENDANTS: USEPA HAS HAD NO CONTACTS WITH GATEWAY SINCE THE LATTER RE SPONDED TO ITS SECTION 3007 INFORMATION REQUEST ON FEBUARY 9, 1987 AND APRIL 15, 1987, AND USEPA'S CONFIDENTIAL BUSI- NESS INFORMATION DETERMINATION ISSUED ON SEPTEMBER 1, 1987. SIGNIFICANT ISSUES PRESENTED: THE SUBPART E USED OIL BURNED FOR ENERGY RECOVERY REGULA TIONS WERE INTENDED TO EXEMPT FROM STRINGENT REGULATIONS THOSE FACILITIES DEALING IN NON-HAZARDOUS USED OIL. BY CLAIMING COVERAGE UNDER THESE REGULATIONS, AND NOT COMPLYING WITH THE MORE STRINGENT REGULATIONS OF SUBPART D, GATEWAY HAS SUBJECTED PUBLIC HEALTH AND THE ENVIRONMENT, AND WILL CONTINUE TO SUBJECT PUBLIC HEALTH AND THE ENVIRONMENT, TO ALL OF THE THREATS FROM HAZARDOUS WASTE THAT THE HAZARDOUS WASTE REGULATIONS WERE INTENDED TO PREVENT. EVIDENCE OF VIOLATIONS: ON NOVEMBER 6, 1986 USEPA CONDUCTED A SAMPLING INSPECTION AT GATEWAY'S FACILITY AND COLLECTED 20 SAMPLES TO USED OIL BEING BLENDED FOR FUEL. AT THAT TIME, IN RESPONDING TO U.S. EPA'S QUESTIONS, GATEWAY'S VICE-PRESIDENT ADMITTED THAT GATE WAY ACCEPTED D001 CHARACTERISTIC HAZARDOUS WASTE, WHICH IT BLENDED WITH USED OIL AT THE FACILITY. SUBSEQUENT ANALYSIS SHOWED THAT 17 OF THE SAMPLES COLLECTED AT THE FACILITY HAD GREATER THAN 1,000 PPM OF TOTAL HALOGENS, THUS BRINGING THEM UNDER THE PRESUMPTION OF BEING HAZARDOUS WASTE UNDER 40 CFR S266.40C. AS A RESULT, GATEWAY IS SUBJECT TO THE MORE STIN- GENT REQUIREMENTS OF 40 CFR SUBPART D AND NOT SUBPART E AS IT CLAIMED. FURTHER INSPECTION BY BOTH USEPA AND THE IEPA ON NOVEMBER 6, 1986 REVEALED THE NUMEROUS REGULATORY VIOLA- TIONS CITED IN THE LITIGATION REPORT. DATE REFERRAL REQUEST APPEARED NECESSARY: GATEWAY WAS FIRST DISCOVERED TO BE IN VIOLATION OF THE WASTE AS FUEL REGULATION S FOLLOWING THE SAMPLING AND INSPEC TION AT THE FACILITY ON NOVEMBER 6, 1986. OTHER SIGNIFICANT ASPECTS OF CASE: THIS IS REGION V'S FIRST REFERRAL TO THE DOJ ENFORCING THE WASTE AS FUEL REGULATIONS ENACTED BY USEPA IN 1985. THIS CASE IS ALSO REGION V'S FIRST CASE WHERE CIVIL PENALTIES ARE BEING PURSUED FOR VIOLATIONS OF THOSE REGULATIONS. CIVIL ACTION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR VIOLATIONS OF RCRA REQUIREMENTS THAT APPLY TO MARKETERS OF HAZARDOUS WASTE BURNED FOR ENERG

Defendants (1)

• GATEWAY PETROLEUM CO.Named in complaintNamed in settlement

Facilities (2)

• GATEWAY PETROLEUM COMPANY INCORPORATED

  3000 MISSOURI, E ST LOUIS, IL, 62202

  Registry ID: 110000612622

• GATEWAY PETROLEUM COMPANY INCORPORATED

  3000 MISSOURI, E ST LOUIS, IL, 62202

  Registry ID: 110000612622

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3008G — Penalty Authority
• RCRA 3004G — Res Conserv & Rec Act

Enforcement conclusions (1)

• GATEWAY PETROLEUM CO., INC.entered 1992-03-31

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1988-03-29Referred To Dept Of Justice
• 1988-08-01Referred TO U.S. Attorney
• 1988-08-17Complaint Filed With Court
• 1992-03-31Final Order Lodged
• 1992-03-31Final Order Entered
• 1992-03-31Concluded
• 1998-03-01Enforcement Action Closed