EPA v. MARION PRESSURE TREATING

Case summary

MARION PRESSURE TREATING CO, EPA ID LAD008473142 WAS REFER- RED TO EPA FOR ENFORCEMENT ACTION BY THE LDEQ. * MARION IS A WOOD TREATING FACILITY WHICH WAS INSPECTED BY EPA ON APRIL 25, 1984. AT THE TIME OF THE INSPECTION, MARION HAD AN UNPERMITTED HAZ WASTE STORAGE FACILITY WHICH INCLUDED TWO UNCOVERED METAL TANKS WHICH RECEIVE K001 WASTE FROM THE FLOCCULATION UNIT, AN UNLINED INACTIVE SURFACE IM- POUNDMENT WHICH IS USED TO STORE K001 SLUDGE FROM THE TREAT- MENT OF CREOSOTE WASTEWATERS, AND AN UNCOVERED WASTE PILE WHICH CONSISTS OF K001 SLUDGE WHICH HAD BEEN REMOVED FROM THE BOTTOM OF THE SURFACE IMPOUNDMENT AND PLACED ON THE GROUND FOR DRYING AND STORAGE PRIOR TO OFF-SITE SHIPMENT. ADDITIONALLY, MARION HAD ALREADY BEGUN CLOSURE OF THE SUR- FACE IMPOUNDMENT WITHOURT SUBMITTING A CLOSURE PLAN OR RECEIVING PERMISSION FROM THE STATE. THE K001 SLUDGE ON THE BOTTOM OF THE IMPOUNDMENT HAD BEEN REMOVED BY DRAGLINE AND DUMPED IN THE WASTE PILE PREVIOUSLY MENTIONED. THE VIOLATIONS FOUND DURING THE APRIL 25, 1984 INSPECTION ARE SUMMARIZED IN THE COMPLIANCE ORDER FACT SHEET AND IN- CLUDE VIOLATIONS SUCH AS LACK OF A GROUNDWATER MONITORING SYSTEM, NO PART A PERMIT APPLICATION FOR ITS HAZ WASTE STORAGE FACILITY, NO CLOSURE PLAN, AND NO FINANCIAL ASSURANCE. * A WATER TREATMENT SYSTEM HAD BEEN INSTALLED ABOUT A YEAR AGO WHICH ALLOWS THE K001 SLUDGE SETTLE OUT OF THE WASTE- WATER. PERIODICALLY THE SLUDGE WILL BE REMOVED FROM THE TANKS AND DISPOSED OF AS HAZ WASTE RATHER THEN PUMPING IT INTO THE SURFACE IMPOUNDMENT. THIS ELIMINATED THE NEED FOR THE IMPOUNDMENT AND, IN FACT, THE FACILITY HAD STOPPED PLACING WASTES IN THE IMPOUNDMENT ABOUT ONE YEAR AGO. * THE PURPOSE OF THIS ORDER IS TO OBTAIN A CLOSURE PLAN AND FINANCIAL ASSURANCE FOR THE CLOSURE OF THE SURFACE IMPOUND- MENT AND WASTE PILE, AND TO BRING THE FACILITY INTO FULL COMPLIANCE WITH THE INTERIM STATUS STANDARDS (SINCE THE FACILITY WILL RETAIN THE USE OF TWO TANKS USED TO STORE K001). * PAST ENFORCEMENT ACTIONS: A NOTICE OF VIOLATION, ISSUED 2/28/83 BY LDEQ, CITED MARION FOR INVOLVEMENT WITH HAZ WASTE WITHOUT NOTIFICATION AND OPERATING A SURFACE IMPOUNDMENT FOR STORAGE OF HAZ WASTE WITHOUT A PERMIT. * MARION RESPONDED TO THE NOV ON 3/30/83 BY NOTIFYING LDEQ BUT NOT EPA THAT IT WAS, IN FACT, GENERATING AND STORING HAZ WASTE K001. IN THIS RESPONSE THE FACILITY INDICATED THAT THE SURFACE IMPOUNDMENT WOULD BE CLOSED ACCORDING TO LA REGULATIONS OR A PERMIT FOR STORAGE WOULD BE APPLIED FOR, WHICHEVER WAS MORE ECONOMICALLY FEASIBLE. TO DATE, MARION HAS NOT SUBMITTED THE REQUIRED PART A PERMIT APPLICATION OR CORRECTED MAJOR RCRA VIOLATIONS. PROPOSED CIVIL PENALTY OF $43,750 COLLECTED $6,600 COLLECTED 4/12/86.

Defendants (1)

• MARION PRESSURE TREATINGNamed in complaintNamed in settlement

Facilities (1)

• MARION PRESSURE TREATING COMPANY INCORPORATED

  HWY 551 (TRUXNO RD), MARION, LA, 71260

  Registry ID: 110002043592

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• MARION PRESSURE TREATING

  Primary law: RCRA

  Federal penalty: $6,600

Timeline (3 milestones)

• 1984-05-31Enforcement Action Data Entered
• 1984-05-31Complaint Filed/Proposed Order
• 1984-12-21Enforcement Action Closed