EPA v. ONYX ENVIRONMENTAL SERVICES, LLC

Case summary

'On July 2, 2001, at 9:45 a.m., a truck driver for Onyx Environmental Services, L.L.C., was notified of a leak from his truck. The truck driver pulled off the interstate into the Lake Forest, Illinois Oasis to investigate and inspect his truck. He confirmed that his truck was leaking. He had the attendant at the oasis call 911 to let the local fire department know about the incident. Over 20 response teams showed up to help with the response. The truck driver was hauling Resource Conservation and Recovery Act hazardous waste characterized as D002, Unlisted. Hazardous Waste Characteristic of Corrosivity. This chemical is a hazardous chemical under CERCLA with a reportable quantity of 100 pounds. The entire contents of the trailer was released at 10:00 a.m. on July 2, 2001. The total release was 17,000 pounds of which 15,720 pounds entered the environment. The driver of the truck worked to prevent the release from occurring and when the fire departments showed up he assisted the fire departments. As a precautionary measure the fire departments called for a half-mile radius evacuation around the oasis. The environmental manger arrived at 11:45 a.m. on July 2, 2001. The Fire Departments immediately questioned he and retained his presence during the response action. The environmental manager called the National Response Center on July 2, 2001, at 2:45 p.m. The release was 157 times the RQ and 3 hours and 45 minutes after the RQ was exceeded. The call to 911 met the reporting requirements of the Emergency Planning and Community Right-to-Know Act when the release occurs during transportation. Onyx Environmental Services, L.L.C. has cleaned up the Oasis to the Illinois EPA requirements.'

Defendants (1)

• Onyx Environmental Services, LLCNamed in complaintNamed in settlement

Facilities (1)

• ONYX ENVIRONMENTAL SERVICES

  W124 N9451 BOUNDARY ROAD, MENOMONEE FALLS, WI, 530511603

  Registry ID: 110000416586

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Onyx Environmental Services - CERCLA-05-2002-0007entered 2002-08-02

  Primary law: CERCLA

  Federal penalty: $9,282

Timeline (3 milestones)

• 2002-04-29Complaint Filed/Proposed Order
• 2002-08-02Final Order Issued
• 2002-08-02Enforcement Action Data Entered