EPA v. CHEMICAL RESOURCES, INC.

Case summary

STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: * RCRA SECTION 3005(E) (2), 42 USC 6925(E) (2) (B) RCRA SECTION 3008(A), 42 USC 6928(A) 40 CFR 265.143 40 CFR 265.147 40 CFR 265.112 40 CFR 265.113 * NAME AND LOCATION OF DEFENDANT * CHEMICAL RESOURCES, INC. (CRI) 2700 S. 25TH W AVE. TULSA, OK * VIOLATION UPON WHICH THE ACTION IS BASED: THE DEFENDANT CONTINUED TO OPERATE ITS HAZ WASTE INJECTION DATA SHEET: INJECTION WELL AFTER IT LOST INTERIM STATUS: PROPOSED RELIEF TO BE SOUGHT: EPA SEEKS AN INJUNCTION TO PREVENT FUTURE INJECTION OF HAZ WASTE AND TO INITIATE CLOSURE. EPA ALSO SEEKS A CIVIL PENALTY IN THE AMOUNT OF $285,000. * RECENT CONTACTS W/DEFENDANTS: EPA WARNED CRI ABOUT POTENTIAL CONSEQUENCES OR RESUMING OPERATION OF ITS WELL AFTER LOSS OF INTERIM STATUS BY LETTER ON APRIL 9, 1986. CRI RESPONDED TO THE WARNING LETTER ON APRIL 15, 1986. EPA REPEATED THE WARNING ORALLY ON MAY 6, 1986 AND IN WRITING ON MAY 12, 1986. * SIGNNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: THIS ACTION MAY BE THE FIRST LOSS OF INTERIM STATUS CASE BROUGHT AGAINST A FACILITY WITH A DISPOSAL WELL SUBJECT TO UIC REQUIREMENTS. * DATE OF INSPECTION OR OTHER NOTICE WHICH LED TO REFERRAL: RECORDS OF HAZ WASTE INJECTION AND HAZ WASTE MANIFESTS AFTER NOV 8, 1985, LED TO THE REFERRAL. NO INSPECTION OR NOTICE LED TO THE REFERRAL. AN INSPECTION WAS PERFORMED ON MAY 13, 14 AND 15, 1986. * DATE THE DIRECTOR OF THE PROGRAM MADE A DETERMINATION THAT THERE IS A REFERRABLE VIOLATION: APRIL 30, 1986. * DATE OF REFERRAL: MAY 1986. * * SYNOPSIS OF CASE * FROM NOV 8, 1985, TO DEC 6, 1985, CHEMICAL RESOURCES, INC., OPERATED A CLASS I HAZ WASTE UNDERGROUND INJECTION WELL AT ITS FACILITY W/O A PERMIT OR INTERIM STATUS, IN VIOLATION OF 3005(A) OF RCRA. THE INTERIM STATUS OF CRI TERMINATED BY OPERATION OF LAW ON NOV 8, 1985, BECAUSE THE COMPANY FAILED TO CCERTIFY COMPLIANCE WITH APPLICABLE LIABILITY INSURANCE REQUIREMENTS, AS REQUIRED BY 3005(E)(2) OF RCRA. ON MARCH 13, 1985, CRI SUBMITTED A REVISED APPLICATION FOR AN OPERA- TION PERMIT FOR AN INDUSTRIAL WASTE INJECTION WELL TO THE OSDH. THIS APPLICATION INCLUDED A CLOSURE PLAN FOR THE FACILITY. *

Defendants (2)

• CHEMICAL RESOURCES, INC.Named in complaint
• LAMBERTON & LAMBERTON TRUSTNamed in complaint

Facilities (1)

• PERMA FIX TREATMENT SERVICES

  2700S. 25TH W. AVE., TULSA, OK, 74107

  Registry ID: 110000454945

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (9 milestones)

• 1986-05-30Enforcement Action Data Entered
• 1986-05-30Referred To Headquarters
• 1986-06-07Referred To Dept Of Justice
• 1986-07-30Referred TO U.S. Attorney
• 1986-09-10Complaint Filed With Court
• 1988-07-18Final Order Lodged
• 1988-07-18Final Order Entered
• 1988-07-18Concluded
• 1988-12-07Enforcement Action Closed