EPA v. KDM COMPANY - SAN ANTONIO, TX

Case summary

THE KDM COMPANY CASE WAS REFERRED TO EPA ON APRIL 4, 1986, FOR ENFORCEMENT. IT WAS DETERMINED THAT KDM WAS A HIGH PRIORITY VIOLATOR ON MARCH 25, 1986, BECAUSE IT FAILED TO MAINTAIN SUDDEN LIABILITY INSURANCE COVERAGE. * KDM OPERATES A SOLVENT RECOVERY FACILITY IN SAN ANTONIO, TX. AS PART OF ITS PROCESS, KDM RECEIVES WASTE SOLVENTS FROM OTHER INDUSTRIES AND STORES THESE WASTE SOLVENTS IN TANKS PRIOR TO RECYCLING IN DISTILLATION UNITS. KDM GENERATES BOTH HALOGENATED AND NON-HALOGENATED STILL BOTTOMS FROM THE RECOVERY OF THESE SOLVENTS. THESE STILL BOTTOMS ARE STORED IN CONTAINERS OR TANKS LOCATED ON-SITE AND ARE HAZARDOUS WASTES AS DEFINED IN 40 CFR 261.31 UNDER CODES F002, F003, AND F005. THE HALOGENATED STILL BOTTOMS ARE DISPOSED OF OFF-SITE AND THE NON-HALOGENATED STILL BOTTOMS ARE SOLD AS A BLENDED FUEL TO AN OFF-SITE FACILITY. * ON NOVEMBER 26, 1985, TWC ISSUED A WARNING LETTER TO KDM INFORMING THE FACILITY THAT TWC HAD RECEIVED A NOTICE OF NON-RENEWAL FROM THE FACILITY'S INSURANCE COMPANY AND GIVING KDM 30-DAYS TO SUBMIT PROOF OF COVERAGE BY AN ALTERNATE CARRIER OR MECHANISM. * ON DECEMBER 16, 1985, TWC RESPONDED TO KDM'S DEC 9, 1985, RESPONSE TO TWC'S NOV 26, 1985, LETTER BY ACKNOWLEDGING THE SCARCITY OF RCRA COVERAGE IN THE INSURANCE MARKET. TWC, ALSO, STATED THAT UNLESS KDM MET THE REQUIREMENTS UNDER 40 CFR 265.147, KDM WOULD BE IN VIOLATION AND TWC WOULD PURSUE ENFORCEMENT ACCORDINGLY. * ON FEB 26, 1986, TWC CONDUCTED AN INSPECTION AT KDM CO AND FOUND THAT THE FACILITY HAD FAILED TO OBTAIN ANOTHER INSUR- ANCE POLICY. THE FACILITY'S LIABILITY INSURANCE FOR SUDDEN ACCIDENTAL OCCURRENCES HAD BEEN CANCELLED ON OCTOBER 11, 1985. THE INSPECTION REPORT ALSO NOTED OTHER POSSIBLE VIO- LATIONS WHICH INCLUDED DRUMS OF IGNITABLE WASTES STORED WITHIN 50 FEET OF THE FACILITY'S FENCE AND AN INADEQUATE CLOSURE COST ESTIMATE. * FACTS MEETING VIA PHONE CALL TOOK PLACE ON FEB 20, 1987, AND CONFIRMED THE VIOLATION. THE FACILITY STILL DOES NOT HAVE THE REQUIRED COVERAGE. * PENALTY $2,500 FOR NO LIABILITY COVERAGE FOR SUDDEN ACCIDEN- TAL OCCURRENCES.

Defendants (1)

• KDM COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SAFETY KLEEN CORPORATION

  4303 PROFIT DR., SAN ANTONIO, TX, 78219

  Registry ID: 110000464818

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• KDM COMPANY - SAN ANTONIO, TXentered 1987-08-31

  Primary law: RCRA

  Federal penalty: $2,500

Timeline (5 milestones)

• 1987-03-16Enforcement Action Data Entered
• 1987-03-16Complaint Filed/Proposed Order
• 1987-08-31Final Order Issued
• 1995-09-18Compliance Achieved
• 1995-09-18Enforcement Action Closed