EPA v. ERICKSON REFINING CORP - PORT NECHES, TX

Case summary

SUBJECT: COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING FILED AGAINST ERICKSON REFINING CORPORA- TION, RCRA DOCKET NO RCRA VI-630-H. BACKGROUND: * ERICKSON REFINING CORPORATION IS A PETROLEUM REFINERY THAT MANUFACTURES NAPHTHA, PETROLEUM DISTILLATES AND FUEL OILS AS ITS PRINCIPLE PRODUCTS. THROUGH THE PROCESS OF REFINING, ERICKSON REFINING CORPORATION GENERATES API SEPERATOR SLUDGE (K051) AND LEADED TANK BOTTOMS (K052) WHICH ARE IDENTIFIED BY EPA AS LISTED HAZARDOUS WASTE FROM A SPECIFIC SOURCE UNDER 40 CFR 261.32. * ON MARCH 19-20, 1987, ERICKSON REFINING CORP, LOCATED AT THE CORNER OF BLACK AND LEE STREETS, PORT NECHES, TX, WAS INSPECTED BY AN EMPLOYEE OF THE EPA. THE INSPECTION REPORT SHOWED THAT ERICKSON REFINING CORPORATION DID NOT CERTIFY COMPLIANCE WITH THE LOIS PROVISIONS FOR A LAND DISPOSAL FACILITY. THE EPA WILL SHOW THAT ERICKSON REFINING CORP HAS VIOLATED THE FOLLOWING REGULATIONS: * 1. OPERATING WITHOUT A PERMIT AND OPERATING WITHOUT INTERIM STATUS; 2. INCORRECT NOTIFICATION; 3. FAILURE TO PREPARE A CLOSURE PLAN; 4. FAILURE TO IMPLEMENT A GROUNDWATER MONITORING PROGRAM; 5. FAILURE TO MEET THE REQUIREMENTS TO ESTABLISH FINANCIAL ASSURANCE FOR CLOSURE; AND 6. FAILURE TO DEMONSTRATE FINANCIAL RESPONSIBILITY FOR SUDDEN AND NON-SUDDEN ACCIDENTAL OCCURRENCES. * COMPLAINANT PROPOSES TO ASSESS A CIVIL PENALTY OF $86,500 AGAINST ERICKSON REFINING CORP. * RECOMMENDATION: * TO SUBMIT A COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING AGAINST ERICKSON REFINING CORPORATION FOR FAILURE TO CERTIFY COMPLIANCE WITH LOIS. ALSO, ERICKSON REFINING CORPORATION WILL HAVE 30 DAYS TO COMPLY WITH THIS COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING.

Defendants (1)

• ERICKSON REFINING CORP.Named in complaint

Facilities (1)

• INDEPENDENT REFINING CORPORATION

  LEE AND BLOCK STREETS, PORT NECHES, TX, 77651

  Registry ID: 110007200420

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (3 milestones)

• 1987-05-11Enforcement Action Data Entered
• 1987-05-11Complaint Filed/Proposed Order
• 1991-05-08Enforcement Action Closed