EPA v. DENKA CHEMICAL CORP - HOUSTON, TX

Case summary

FACTS/BACKGROUND: * - CHEMICAL MANUFACTURER: MALEIC ANHYDRIDE AND NEOPRENE RUBBER. - SURFACE IMPOUNDMENT WAS RECEIVING HAARDOUS WASTE. - HAZARDOUS ONLY FOR PH LESS THAN 2.0. - STOPPED ADDING WASTE OF PH LESS THAN 2.0 PRIOR TO NOV 8, 1985. - LOST LIABILITY INSURANCE BEFORE NOV 8, 1985, THEREFORE, LOST INTERIM STATUS. - HAS NOT CLOSED SURFACE IMPOUNDMENT. - MUST MAINTAIN LIABILITY INSURANCE UNTIL CERTIFIED CLOSED. - REFERRED TO EPA BY TWC FOR FINANCIAL VIOLATIONS. - FACTS MEETING CONFIRMED NO INSURANCE. * REQUESTED ACTION: * SIGN AO FOR ISSUANCE. CA & FO: - DENKA WAS REFERRED TO EPA BY TWC FOR FAILURE TO PROVIDE LIABILITY INSURANCE. - DENKA IS CLOSING IT'S LAND DISPOSAL UNITS. - DENKA LOST INTERIM STATUS BECAUSE THEY COULD NOT CERTIFY THEY WERE IN COMPLIANCE WITH THE FINANCIAL REQUIREMENTS. - EPA COULD NOT OBTAIN ADEQUATE EVIDENCE THAT DENKA HAS CONTINUED TO PLACE HAZARDOUS WASTE IN ANY LAND DISPOSAL UNITS AFTER LOOSING INTERIM STATUS TO PROCEED WITH A LOIS ACTION. - WE PROCEEDED WITH A FINANCIAL ONLY AO. - A PENALTY OF $2,500 FOR FAILURE TO MAINTAIN SUDDEN LIABI- LITY INSURANCE AND $2,500 FOR FAILURE TO MAINTAIN NON- SUDDEN LIABILITY INSURANCE WAS ASSESSED FOR A TOTAL OF $5,000. THIS IS CONSISTENT WITH THE PENALTY POLICY, WITH THE OTHER FINANCIAL ONLY AO ISSUED IN REGION VI AND WITH HEADQUARTERS GUIDANCE CONCERNING ENFORCEMENT OF THE LIABILITY REQUIREMENTS AT CLOSING FACILITIES. * REQUESTED ACTION: * DENKA HAS AGREED TO EVERY THING WE ORDERED IN THE AO. THEREFORE, WE REQUEST THAT YOU SIGN THE CONSENT AGREEMENT AND FINAL ORDER.

Defendants (1)

• DENKA CHEMICAL CORP.Named in complaintNamed in settlement

Facilities (3)

• BAYER CORPORATION HOUSTON

  8701 PARK PL. BLVD., HOUSTON, TX, 77017

  Registry ID: 110000461116

• BAYER CORPORATION HOUSTON

  8701 PARK PL. BLVD., HOUSTON, TX, 77017

  Registry ID: 110000461116

• BAYER CORPORATION HOUSTON

  8701 PARK PL. BLVD., HOUSTON, TX, 77017

  Registry ID: 110000461116

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• DENKA CHEMICAL CORP - HOUSTON, TXentered 1987-10-20

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 1987-03-16Enforcement Action Data Entered
• 1987-03-16Complaint Filed/Proposed Order
• 1987-10-20Final Order Issued
• 1987-10-20Enforcement Action Closed