EPA v. BROWNING-FERRIS, IND/CECOS INT'L INC. (SEE CASE #06-87-0022)

Case summary

(SEE CASE NO. 06-87-E020). STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: SECTION 3008(A) PROVIDES THAT EPA, AFTER GIVING NOTICE TO A STATE AUTHORIZED TO CARRY OUT A HAZARDOUS WASTE PROGRAM, MAY INSTITUTE A CIVIL ACTION FOR CIVIL PENAL- TIES AND INJUNCTIVE RELIEF WHEN ANY REQUIREMENT OF SUB- TITLE C OF RCRA IS VIOLATED. THE STATE OF LA, FORMERLY THROUGH THE LA DEPARTMENT OF DNR AND LDEQ, HAS RECEIVED FINAL AUTHORIZATION BY EPA TO ADMINISTER THE FEDERAL HAZARDOUS WASTE PROGRAM IN LA. THIS PROGRAM OPERATES IN LIEU OF THE EPA PROGRAM IN LA PURSUANT TO SECTION 3006(B) OF RCRA. THEREFORE, EPA WILL BE ENFORCING THE STATE HAZARDOUS WASTE LAWS AGAINST THE DEFENDANTS. THUS, VIOLATIONS OF THE LA ENVIRONMENTAL QUALITY ACT, LRS 30:1051 AND THE REGULATIONS PROMULGATED THEREUNDER AS THE LHWMP AND ITS SUCCESSOR, THE LHWR, ARE THE BASIS FOR THE PROPOSED ACTION. SECTION 3008(H) OF RCRA PROVIDES THAT WHENEVER EPA DETERMINES THERE HAS BEEN A RELEASE OF HAZARDOUS WASTE INTO THE ENVIRONMENT FORM A FACILITY AUTHORIZED TO OPERATE UNDER SECTION 3005(E) OF RCRA, EPA MAY COMMENCE A CIVIL ACTION SEEKING CORRECTIVE ACTION OR SUCH OTHER RESPONSE AS IS NECESSARY TO PROTECT HUMAN HEALTH OR THE ENVIRONMENT. * VIOLATIONS WHICH THE ACTION IS BASED: WAP - FAILURE TO SPECIFY PRE-ACCEPTANCE TEST METHODS IN THE 10, 1980 WAP. - FAILURE TO SPECIFY THE RATIONALE FOR THE SELECTION OF PARAMETERS FOR WHICH EACH HAZ WASTE WILL BE ANALYZED (ACCEPTANCE TESTING) AND THE TEST METHOD(S) WHICH WILL BE USED TO TEST FOR EACH OF THESE PARAMETERS IN THE 1980 WAP. - FAILURE TO SPECIFY THE METHODOLOGY FOR 3 PRE-ACCEPTANCE TEST PROCEDURES IN THE AUG, 1984 WAP. - INADEQUATE TEST METHOD USED TO TEST FOR IGNITABILITY OF LIQUIDS AND SLUDGES. - TWO ACCEPTANCE TEST METHODS (ODOR & COLOR) WERE NOT BEING PERFORMED ACCORDING TO THE PROCEDURES SET OUT IN THE AUG, 1984 WAP. * WASTE ANALYSIS RECORDS: - 7 WASTE STREAMS ACCEPTED FOR DISPOSAL W/O ANY REQ'D DOCUMENTATION. - ACCEPTANCE OF WASTE STREAMS FOR DISPOSAL W/INCOMPLETE DOCUMENTATION. - FAILURE TO FOLLOW PRE-ACCEPTANCE PROCEDURES. - FAILURE TO UPDATE PRE-ACCEPTANCE PACKAGES. - FAILURE TO FOLLOW ACCEPTANCE PROCEDURES. * OPERATING RECORD: - FAILURE TO MAINTAIN 25 PRE-ACCEPTANCE PACKAGES. - FAILURE TO INCLUDE IN THE OPERATING RECORD THE RESULTS OF WASTE ANSLYSIS PERFORMED. - FAILURE TO INCLUDE IN THE OPERATING RECORD THE LOCA- TION OF EACH HAZARDOUS WASTE IN THE LANDFILLS. * INSPECTIONS: - NO INSPECTIONS FOR 7 DAYS BETWEEN NOV 19, 1980 THRU APRIL 6, 1981. - ONE INSPECTION PER DAY FOR 156 DAYS (2 INSPECTIONS PER DAY REQ'D). - FAILURE TO DEVELOP AND IMPLEMENT AN ADEQUATE INSPECTION SCHEDULE.

Defendants (2)

• BROWNING-FERRIS, IND, CHEMICAL SERVICESNamed in complaintNamed in settlement
• CECOS INT'L CO.Named in complaintNamed in settlement

Facilities (1)

• BROWNING-FERRIS IND /CECOS

  WILLOW SPRINGS RD, SULPHUR, LA, 70664

  Registry ID: 110010773662

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• BROWNING-FERRIS, IND/CECOS INT'L INC. (SEE CASE #0entered 1990-08-16

  Primary law: RCRA

  Federal penalty: $1,550,000 · State/local: $775,000

Timeline (8 milestones)

• 1987-09-29Enforcement Action Data Entered
• 1987-09-29Referred To Headquarters
• 1987-11-06Referred To Dept Of Justice
• 1988-03-17Complaint Filed With Court
• 1990-08-16Final Order Lodged
• 1990-08-16Final Order Entered
• 1990-08-16Concluded
• 2000-01-04Enforcement Action Closed