EPA v. INTERNATIONAL SHOE COMPANY, INC.

Case summary

THIS SUIT SHOULD BE INSTITUTED PURSUANT TO SECTION 3008 (A)(2) OF RCRA, AS AMENDED, 42 U.S.C. SECTION 6928(A)(2), WHICH PROVIDES THAT EPA AFTER GIVING NOTICE TO A STATE AUTHORIZED TO CARRY OUT A HAZARDOUS WASTE PROGRAM, MAY INSTITUTE A CIVIL ACTION WHEN ANY REQUIREMENT OF A SUBTITLE C OF RCRA IS VIOLATED. THE STATE OF TEXAS, FORMERLY THROUGH THE TEXAS DEPARTMENT OF WATER RESOURCES (TDWR) AND CURRENTLY THROUGH THE TEXAS WATER COMMISSION (TWC) AS THE SUCCESSOR TO TDWR AS OF SEPTEMBER 1, 1985, IS AUTHORIZED BY EPA TO ADMINISTER A HAZARDOUS WASTE PROGRAM. THIS PROGRAM OPERATES IN LIEU OF THE EPA PROGRAM IN TEXAS PURSUANT TO SECTION 3006(C) OF RCRA. THEREFORE, EPA WILL BE INFORCING THE STATE HAZARDOUS WASTE LAWS AGAINST ISC. THUS, VIOLATION OF THE TEXAS SOLID WASTE DISPOSAL ACT (SWDA), VERNON'S ANN. CIV. ST., ART. 4477-7, AND THE REGULATIONS PROMULGATED THEREUNDER AT TITLE 31 OF THE TEXAS ADMINISTRATIVE CODE (TAC) ARE THE BASIS FOR THE PROPOSED ACTION. ANOTHER BASIS FOR THE PROPOSED ACTION IS PROVIDED BY SECTION 3008(H) OF RCRA. EPA HAS SOLE AUTHORITY TO ENFORCE THIS PROVISION SINCE THE STATE OF TEXAS HAS NOT BEEN AUTHORIZED TO ADMINISTER THE REQUIREMENTS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA) INCLUDING THE CORRECTIVE ACTION PROVISION. EPA HAS DETERMINED THAT HAZARDOUS WASTE HAS BEEN RELEASED INTO THE ENVIRONMENT FROM THE INTER- NATIONAL SHOE COMPANY FACILITY WHICH WAS AUTHORIZED TO OPERATE UNDER SECTION 3005(E) OF RCRA. BASED UPON SUCH A DETERMINATION, THE ADMINISTRATOR HAS THE AUTHORITY UNDER SECTION 3008(H) TO COMMENCE A CIVIL ACTION FOR APPROPRIATE RELIEF. THE AUTHORITY TO MAKE THE DETERMIN- ATION OF RELEASE HAS BEEN DELEGATED TO THE REGIONAL ADMINISTRATOR AND THE AUTHORITY TO INITIATE CIVIL ACTION HAS BEEN DELEGATED TO THE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE MONITORING. NOTICE TO THE STATE WILL BE PROVIDED PRIOR TO THE COMMENCEMENT OF THE SUIT. THE VIOLATIONS UPON WHICH THE ACTION IS BASED INCLUDE THE FOLLOWING: 1. FAILURE TO PREPARE AN ADEQUATE CLOSURE AND POST- CLOSURE PLAN AND ASSOCIATED COST ESTIMATES; 2. FAILURE TO PROPERLY CLOSE WITHIN THE ALLOTTED TIME; 3. FAILURE TO IMPLEMENT GROUNDWATER MONITORING; 4. FAILURE TO PREPARE AND MAINTAIN A WASTE ANALYSIS PLAN, CONTINGENCY PLAN, OPERATING RECORD, PERSONNEL TRAINING PLAN AND RECORD, AND INSPECTION SCHEDULE AND LOGS; 5. FAILURE TO PROPERLY MAINTAIN AND OPERATE A LANDFILL. THE ACTION IS ALSO BASED ON THE DETERMINATION THAT THERE HAS BEEN A RELEASE OF HAZARDOUS WASTE INTO THE ENVIRON- MENT FROM THE ISC FACILITY WHICH IS AUTHORIZED TO OPERATE UNDER SECTION 3005(E) OF RCRA. THE PROPOSED RELIEF SOUGHT BY EPA CONSISTS OF AN INJUNCTION COMPELLING ISC TO COMPLY WITH ALL THE APPLICABLE STATE AND FEDERAL HAZARDOUS WASTE REGULATIONS AND DATES TO VERIFY SUCH COMPLIANCE. IN ADDITION, CIVIL PENALTIES FOR THE STATE RCRA VIOLATIONS WILL BE SOUGHT. THE AMOUNT OF SUCH PENALTIES HAS BEEN DETERMINED ON THE BASIS OF THE FINAL RCRA PENALTY POLICY, DATED MAY 8, 1984. THE TOTAL PROPOSED CIVIL PENALTY IS $313,650.00. FINALLY THE US WILL REQUEST THAT THE COURT ORDER ISC TO TAKE CORRECTIVE ACTION FOR THE RELEASES OF HAZARDOUS WASTE INTO THE ENVIRONMENT AT THE BRYAN RUBBER PLANT. THE FIRST STEP WILL CONSIST OF THOROUGH SAMPLING AND ANALYSIS IN THE AREA TO DETERMINE THE EXACT NATURE AND EXTENT OF THE RELEASE. THEN, ISC WILL IMPLEMENT THE CORRECTIVE ACTION EPA DETERMINES

Defendants (3)

• D/B/A BRYAN RUBBER COMPANYNamed in complaintNamed in settlement
• D/B/A INTERNATIONAL SHOE CO INC.Named in complaintNamed in settlement
• INTERCO, INC.Named in complaintNamed in settlement

Facilities (1)

• INTERNATIONAL SHOE COMPANY

  1103 TURKEY CREEK RD, BRYAN, TX, 77801

  Registry ID: 110002043654

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• INTERNATIONAL SHOE COMPANY, INC.entered 1990-07-01

  Primary law: RCRA

  Federal penalty: $165,000

Timeline (7 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-12Referred To Dept Of Justice
• 1986-07-07Complaint Filed With Court
• 1990-07-01Final Order Lodged
• 1990-07-01Final Order Entered
• 1990-07-01Concluded
• 2013-05-03Enforcement Action Closed