EPA v. FORMOSA PLASTICS CORPORATION - TEXAS

Case summary

FORMOSA PLASTICS CORPORATION IS A MANUFACTURER OF POLYVINYL CHLORIDE. THE FACILITY TREATS & STORES SEVERAL LISTED HAZ WASTES. THESE WASTES INCLUDE DISTILLATION ENDS, ETHYLENE DICHLORIDE, AND VINYL CHLORIDE. * FORMOSA STORES AND TREATS HAZ WASTE IN TANKS AND SUFACE IMPOUNDMENTS. LOCATED AT THE FACILITY ARE TWO STORAGE TANKS USED TO STORE DISTILLATION ENDS AND 13 UNITS, WHICH MEET THE DEFINITION OF A SURFACE IMPOUNDMENT, THAT ARE USED TO TREAT AND STORE HAZ WASTE. * FORMOSA WAS REFERRED TO EPA ON JULY 3, 1986. * THE FACILITY WAS INSPECTED BY TWC ON JULY 9-10, DEC 4, 1985, AND FEB 26, 1986. * THE FACILITY WAS ISSUED TWO LETTERS ON AUG 21, 1986 AND FEB 19, 1887. THE FACILITY WAS INSPECTED BY EPA ON APRIL 22-23, 1987. * VIOLATIONS FOUND IN ONE OR MORE OF THE INSPECTIONS AND/OR IN THE RESPONSE TO THE 3007 LETTERS INCLUDE: OPERATING W/O A PERMIT, FAILURE TO IMPLEMENT A GROUNDWATER MONITORING PROGRAM, NO CLOSURE PLAN, AND FAILURE TO DEMONSTRATE FINAN- CIAL ASSURANCE AND LIABILITYREQUIREMENTS. IT WAS ALSO FOUND THAT THE FACILITY HAS HAD SEVERAL RELEASES. * RECOMMENDATION: 3008(A) ORDER: IT IS REQUESTED THAT AN AO PURSUANT TO 3008 (A) OF RCRA BE ISSUED TO THE FACILITY TO ADDRESS THE INTERIM STATUS VIOLATIONS. * 3013 ORDER: IT IS REQUESTED THAT AN AO PURSUANT TO SECTION 3013 OF RCRA BE ISSUED TO THE FACILITY TO ASCERTAIN THE NATURE AND EXTENT OF THE HAZ POSED BY THE RELEASE OF HAZ WASTE AT THE FACILITY. VIOLATIONS: COUNT I OPERATING HAZ WASTE MANAGEMENT $90,000 UNITS W/O A PERMIT OR INTERIM STATUS. * COUNT II FAILURE TO SUBMIT NOTIFICATION 6,500 OF HAZ WASTE TREATMENT AND STORAGE ACTIVITIES * COUNT III FAILURE TO SUBMIT A PART A 2,250 PERMIT APPLICATION * COUNT IV FAILURE TO COMPLY WITH TRAINING REQUIREMENTS 1,000 * COUNT V FAILURE TO DESIGNATE A 1,000 PRIMARY AUTHORITY * COUNT VI FAILURE TO MAKE ARRANGEMENTS $ 4,000 W/LOCAL AUTHORITIES * COUNT VII FAILURE TO SUPPLY COPIES OF THE 1,000 CONTINGENCY PLAN TO LOCAL AUTHOR- ITIES. * COUNT VIII FAILURE TO IMPLEMENT A GROUND- 50,600 WATER MONITORING SYSTEM * COUNT IX FAILURE TO DEVELOP A WRITTEN 22,500 CLOSURE PLAN

Defendants (1)

• FORMOSA PLASTICS CORPORATION - TEXAS

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (5 milestones)

• 1987-09-11Enforcement Action Data Entered
• 1987-09-11Complaint Filed/Proposed Order
• 1991-02-27Final Order Issued
• 1992-02-28Compliance Achieved
• 1992-02-28Enforcement Action Closed