EPA v. W J SMITH WOOD PRESERVING COMPANY

Case summary

W J SMITH WOOD PRESERVING COMPANY, LITIGATION REPORT. STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: RCRA SECTION 3005(A), 42 USC 6925(A) RCRA SECTION 3005(E), 42 USC 6925(E)(2) RCRA SECTION 3008(A), 42 USC 6928(A) * SECTION 3008(A) OF THE RCRA PROVIDES THAT THE EPA, AFTER GIVING NOTICE TO A STATE AUTHORIZED TO ADMINISTER A HAZ- ARDOUS WASTE PROGRAM, MAY INSTITUTE A CIVIL ACTION WHEN ANY REQUIREMENT OF SUBTITLE C OF RCRA IS VIOLATED. * THE STATE OF TEXAS HAS RECEIVED FINAL AUTHORIZATION TO AD- MINISTER A HAZARDOUS WASTE MANAGEMENT PROGRAM IN LIEU OF THE FEDERAL PROGRAM IN TEXAS PURSUANT TO SECTION 3006(C) OF RCRA. * THEREFORE, EPA WILL BE ENFORCING THE STATE HAZARDOUS WASTE LAWS AGAINST W J SMITH. THESE VIOLATIONS OF THE TEXAS SOLID WASTE DISPOSAL, AND THE REGULATIONS PROMULAGTED THEREUNDER AT TITLE 31 OF THE TEXAS ADMINISTRATIVE CODE ARE THE BASIS FOR THE PROPOSED ACTION. * GEOGRAPHICALLY, THE W J SMITH WOOD PRESERVING COMPANY IS LOCATED AT LATITUDE 33 DEGREES, 45 MINUTES AND 22 SECONDS; LONGITUDE 96 DEGREES, 33 MINUTES AND 44 SECONDS. * VIOLATIONS UPON WHICH ACTION IS BASED: THE DEFENDANT CONTINUED TO OPERATE ITS HAZARDOUS WASTE RE- TENTION BASIN AFTER IT LOST INTERIM STATUS, AND OPERATED AN UNPERMITTED HAZARDOUS WASTE SLUDGE DRYING BED. IN ADDITION, THE GROUNDWATER MONITORING SYSTEM IS INADEQUATE, AND THE FACILITY'S CLOSURE PLAN WAS NOT AMENDED BY NOVEMBER 23, 1985. * PROPOSED RELIEF TO BE SOUGHT: EPA SEEKS AN INJUNCTION TO PREVENT FUTURE USE OF THESE UNITS AND TO COMPEL CLOSURE OF THE HAZARDOUS WASTE MANAGEMENT UNITS. EPA FURTHER SEEKS INJUNCTIVE RELIEF TO COMPEL COM- PLIANCE WITH ALL APPLICABLE STATE AND FEDERAL HAZARDOUS WASTE REGULATIONS, AND A CIVIL PENALTY IN THE AMOUNT OF $100,000. * RECENT CONTACTS W/DEFENDANTS: ON NOVEMBER 8, 1985, W J SMITH CERTIFIED COMPLIANCE WITH APPLICABLE GROUNDWATER MONITORING REQUIREMENTS AND SUBMITTED A RCRA PART BE PERMIT APPLICATION, IN ACCORDANCE WITH THE LOIS PROVISION. HOWEVER, W J SMITH FAILED TO CERTIFY COM- PLIANCE WITH FINANCIAL RESPONSIBILITY REQUIREMENTS, AS REQUIRED BY THE LOIS PROVISION, AND THEREBY LOST INTERIM STATUS. W J SMITH IS THUS REQUIRED TO CLOSE THE RETENTION BASIN. * A LOIS INSPECTION WAS CONDUCTED AT THE W J SMITH FACILITY BY REPRESENTATIVES OF EPA ON JAN 31, 1986, TO DETERMINE COM- PLIANCE WITH THE LOIS PROVISION. THE INSPECTION CONFIRMED THAT THE FACILITY WAS OPERATING THE TWO HAZARDOUS WASTE MANAGEMENT UNITS REFERENCED ABOVE. * DATE OF INSEPCTION WHICH LED TO REFERRAL: THE EPA INSEPCTION CONDUCTED JAN 31, 1986, IS THE BASIS OF THE REFERRAL. * DATE THE DIRECTOR OF THE PROGRAM MADE A DETERMINATION THAT THERE IS A REFERRABLE VIOLATION: AUGUST 13, 1986.

Defendants (1)

• W J SMITH WOOD PRESERVING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• W J SMITH WOOD PRESERVING COMPANY

  1700 W MORTON, DENISON, TX, 75020

  Registry ID: 110000619563

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• W J SMITH WOOD PRESERVING COMPANYentered 1989-11-08

  Primary law: RCRA

  Federal penalty: $60,000

Timeline (7 milestones)

• 1987-03-20Referred To Headquarters
• 1987-05-05Referred To Dept Of Justice
• 1987-08-21Complaint Filed With Court
• 1989-11-08Final Order Lodged
• 1989-11-08Final Order Entered
• 1989-11-08Concluded
• 2020-02-25Enforcement Action Closed