EPA v. INSERV INC.

Case summary

MONOCHEM, INC. ET AL. - HIDALGO, TX, FILED 3/27/81, CIVIL ACTION #B-81-64, US DISTRICT CT FOR THE SOUTHERN DISTRICT OF TX, BROWNSVILLE DIV, MONOCHEM, INC PRODUCES INTERMED- IATE ORGANIC CHEM AT ITS MANUFACTRNG PLANT 1.5 MILES SOUTH OF GEISMER, LA. THE CO. IS JOINTLY OWNED BY DEFENDANTS BORDEN, INC. & UNIROYAL, INC., W/ EACH OWNING 50% OF THE CAPITAL STOCK. MONOCHEM'S CHEM PRODUCT'N RELIES ON RAW MATL'S SUPPLIED TO IT BY BORDEN AND UNIROYAL. BORDEN & UNIROYAL ARE RESPONSIBLE & LIABLE FOR THE ACTIONS OF MONOCHEM, & ALONG W/ THEIR SUBSIDIARIES ARE ITS MAIN CUSTOMERS. ACCRDNG TO COMPLAINT, MONOCHEM TRANSPORTED WSTES ALLEGEDLY INTENDED FOR EXPORT, TO A WAREHOUSE OWNED BY DEFENDANT INSERVE, INC. OF HILDAGO, TX. INSERVE DOESN'T HAVE INTERIM STATUS UNDER RCRA. INSERV SERVES AS A FREIGHT FORWARDING DEPOT WHICH INVOLVES STORAGE & HANDLNG OF MAT'LS. THE 2.5 ACRE INSERV FACILITY ENCOMPASSES A WAREHOUSE & STORAGE YD. MANY OF THE 803 DRUMS ON-SITE BEAR HAZARDOUS WASTE MARKNGS. A SUBSTANTIAL NO. MARKED D009 CONTAIN TOXIC MERCURY WSTS IN HAZARDOUS CONCENTRATIONS. OTHER DRUMS BEAR THE MARKINGS TOXIC , CORROSIVE , OR SPENT CATALYST . WASTES STORED AT INSERV WERE ALLEGEDLY INTENDED FOR TRANSPORT TO MEXICO. A TEMP RESTRAINING ORDER WAS ISSUED 3/27/81 BY A US DIST CT JUDGE RESTRAINING NOTIFIED DEFENDANTS FROM REMOVING THE 803 DRUMS. ON APR 3, 1981 A CONSENT ORDER ON A MOTION FOR PRELIM INJUNCTION WAS AGREED TO BY THE PARTIES, REQUIRING THE REMOVAL AND PROPER DISPOSAL OF THE DRUMS ON-SITE. THE ACTION HAS BEEN STAYED PENDING TO RESOLUT'N OTHER VIOLATIONS REPORTED BY THE COMPANY HAVE BEEN ATTRI- BUTED TO OIL ENTERING THE BIOLOGICAL TREATMENT, HEAVY RAIN- FALL, EQUIPMENT FAILURE, OPERATOR ERROR, AND THE INTRODUCT- ION OF HIGH QUANTITIES OF BALLAST WATER INTO THE SYSTEM FROM OFF-LOADING VESSELS. IN THE CASE OF COASTAL STATES, THE NECESSARY TREATMENT TEC NOLOGY IS IN PLACE AND ADEQUATE UNDER NORMAL CIRCUMSTANCES TO ACHIEVE EFFLUENT LIMITATIONS BASED ON THE APPLICATION OF BEST PRACTICABLE CONTROL TECHNOLOGY. RATHER THAN BEING AN INSTANCE WHERE THE VIOLATIONS CAN BE ADDRESSED BY ADDITIONS OR REVISIONS TO THE WASTEWATER TREATMENT SYSTEMS, THE REMEDY IN THIS CASE LIES IN IMPROVED HOUSEKEEPING AND PLANT OPER- ATION WITHIN THE PROCESS UNITS TO PREVENT THE IN-PLANT SPILL WHICH SHOCK THE WASTEWATER TREATMENT SYSTEM.

Defendants (6)

• DIAMOND SHAMROCKNamed in complaintNamed in settlement
• BORDEN, INC.Named in complaintNamed in settlement
• CONENamed in complaintNamed in settlement
• INSERVE, INC.Named in complaintNamed in settlement
• MONOCHEM, INC.Named in complaintNamed in settlement
• UNIROYAL, INC.Named in complaintNamed in settlement

Facilities (2)

• MONOCHEM INC

  508 INDUSTRIAL BLVD, ATLANTA, TX, 75551

  Registry ID: 110005056241

• INSERV INC

  PRODUCE ROW ST., HIDALGO, TX, 78557

  Registry ID: 110008149636

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• MONOCHEM CORPentered 1981-04-03

  Primary law: RCRA

  Federal penalty: $35,000

Timeline (8 milestones)

• 1981-03-23Referred To Headquarters
• 1981-03-27Referred To Dept Of Justice
• 1981-03-27Referred TO U.S. Attorney
• 1981-03-27Complaint Filed With Court
• 1981-04-03Final Order Lodged
• 1981-04-03Final Order Entered
• 1981-04-03Concluded
• 1984-03-07Enforcement Action Closed