EPA v. BROWNING-FERRIS INDUSTRIES, CHEMICAL SERVICES, INC.

Case summary

STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: THIS SUIT SHOULD BE INSTITUTED PURSUANT TO SECT 3008(A) OF RCRA 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 SUBTITLE C OF RCRA IS VIOLATED. THE STATE OF LA, FORMERLY THROUGH THE LA DNR AND CURRENTLY THROUGH THE LDEQ, HAS RECEIVED FINAL AUTHORIZATION BY EPA TO ADMINISTER THE FEDERAL HAZ- ARDOUS WASTE PROGRAM IN LA. THIS PROGRAM OPERATES IN LIEU OF THE EPA PROGRAM IN LA PURSUANT TO SECT 3006(B) OF RCRA. THEREFORE, EPA WILL BE ENFORCING THE STATE HAZARDOUS WASTES LAWS AGAINST THE DEFENDANTS. THUS, VIOLATIONS OF THE LHWMP AND ITS SUCCESSOR, THE LA HAZARDOUS WASTE REGULATIONS, ARE THE BASIS FOR THE PROPOSED ACTION. NOTICE TO THE STATE OF LA WILL BE PROVIDED PRIOR TO THE COMMENCEMENT OF THE SUIT. * VIOLATIONS UPON WHICH THE ACTION IS BASED: 1. FAILURE TO OBTAIN AND ANALYZE A REPRESENTATIVE SAMPLE OF SOLIDIFIED WASTES PRIOR TO PLACING THE SOLIDIFIED WASTES INTO A LANDFILL. 2. FAILURE TO DEVELOP AN ADEQUATE WASTE ANALYSIS PLAN DUE TO A FAILURE TO INCLUDE THE TEL MONOFILL OPERATIONS IN THE WASTE ANALYSIS PLAN. 3. FAILURE TO PREPARE PRE-ACCEPTANCE PACKAGES/FOLLOW WASTE ANALYSIS PLAN FOR WASTE DISPOSED OF OFFSITE. 4. FAILURE TO FOLLOW THE TESTING PROCEEDURES FOR VAPOR PRESSURE AS DESCRIBED IN THE WASTE ANALYSIS PLAN. 5. FAILURE TO FOLLOW THE WASTE ANALYSIS PLAN WHEN DISPOSING OF IGNITABLE HAZARDOUS WASTES FROM JUNE 1981 TO JUNE 1984. 6. FAILURE TO FOLLOW THE TESTING PROCEDURES OF IGNITABILITY AS DESCRIBED IN THE WASTE ANALYSIS PLAN DATED DECEMBER 1984. 7. FAILURE TO FOLLOW ACCEPTANCE PROCEDURES SET OUT IN THE WASTE ANALYSIS PLAN FOR 12 DAYS IN 1982 AND 1984. 8. FAILURE TO CONDUCT ACCEPTANCE TESTING ACCORDING TO WASTE ANALYSIS PLAN DURING THE PERIODS OF OCT 15-20, 1982, OCT 15-20, 1984, MAY 15-20, 1985, AND OCT 15-20, 1985. 9. FAILURE TO FOLLOW THE WASTE ANALYSIS PLAN BY ACCEPTING 10 HAZARDOUS WASTES THAT DID NOT MATCH THE DESCRIPTION IN THE PRE-ACCEPTANCE PACKAGES. 10. FAILURE TO FOLLOW THE PRE-ACCEPTANCE PROCEDURES IN THE WASTE ANALYSIS PLAN. 11. FAILURE TO INCLUDE TEST METHODS IN THE 1980, 1983, AND 1984 WASTE ANALYSIS PLANS. 12. FAILURE TO KEEP PRE-ACCEPTANCE PACKAGES FOR 11 WASTE STREAMS RECEIVED AT THE FACILITY. 13. FAILURE TO MAINTAIN COMPLETE PRE-ACCEPTANCE PACKAGES IN OPERATING RECORD DURING PERIODS OF OCTOBER 15-20, 1982, OCTOBER 15-20, 1984, MAY 15-20, 1985 AND OCT 15- 20, 1985. 14. FAILURE TO INCLUDE IN THE OPERATING RECORD THE LOCATION OF EACH HAZARDOUS WASTE THAT WENT TO SOLIDIFICATION BASINS AND LANDFILLS. 15. FAILURE TO INCLUDE IN THE OPERATING RECORD THE LOCATION OF EACH WASTE THAT WENT TO THE TEL MONOFILL. 16. FAILURE TO INCLUDE IN THE OPERATING RECORD THE RECORDS AND RESULTS OF ANALYSIS REQUIRED BY LHWR 23.7 FOR 9 WASTE STREAMS (TEL WASTE). 17. FAILURE TO CONDUCT 80 INSPECTIONS ACCORDING TO THE IN- SPECTION SCHEDULE FROM NOV 19, 1981. 18. FAILURE TO CONDUCT 149 INSPECTIONS IN 1983, 162 INSPEC- TIONS IN 1984, AND 52 INSPECTIONS IN 1985. 19. FAILURE TO INSPECT ALL THE AREAS SPECIFIED IN THE IN- SPECTION SCHEDULE ON 265 DAYS I

Defendants (2)

• BROWNING-FERRIS INDUSTRIES, CHEM SER INCNamed in complaintNamed in settlement
• CECOS INTERNATIONAL INC.Named in complaintNamed in settlement

Facilities (2)

• CECOS INTERNATIONAL INCORPORATED

  28422 FROST RD, LIVINGSTON, LA, 70754

  Registry ID: 110029514979

• CECOS INTERNATIONAL INCORPORATED

  28422 FROST RD, LIVINGSTON, LA, 70754

  Registry ID: 110029514979

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• BROWNING-FERRIS IND.entered 1988-10-18

  Primary law: RCRA

  Federal penalty: $1,100,000 · State/local: $1,400,000

Timeline (7 milestones)

• 1987-03-20Referred To Headquarters
• 1987-03-21Referred To Dept Of Justice
• 1987-04-28Complaint Filed With Court
• 1988-10-18Concluded
• 1988-10-18Final Order Lodged
• 1988-10-18Final Order Entered
• 2011-01-18Enforcement Action Closed