EPA v. NIBCO, INC. - NACOGDOCHES, TX

Case summary

SUBJECT: * COMPLAINT, COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING. * BACKGROUND: * NIBCO, INC. WAS REFERRED FROM TWC ON JULY 3, 1986, FOR FIN- ANCIAL VIOLATIONS ONLY. * A RECORD REVIEW WAS COMPLETED BY 6H-CE ON JULY 28, 1986. * NIBCO GENERATES D008 CHARACTERISTIC HAZ WASTE (EP TOXICITY LEAD) FROM ITS VALVE MANUFACTURING PROCESS. * NIBCO IS PRESENTLY CLOSING ALL OF ITS HAZ WASTE STORAGE AND DISPOSAL UNITS. * AS OF NOVEMBER 8, 1985, NIBCO HAS CHANGED ITS PROCESS SO THAT D008 WASTE IS NO LONGER GENERATED. TWC CLASSIFIES THIS NEW WASTE STREAM AS CLASS II SOLID INDUSTRIAL WASTE. * INFORMATION REGARDING THE FINANCIAL VIOLATION WAS RECEIVED FROM KAY CROUCH (TWC) ON JAN 20, 1987. * A RECORD REVIEW OF THE FINANCIAL INFORMATION RECEIVED FROM TWC WAS COMPLETED BY 6H-CD ON JAN 26, 1987. * THE VIOLATION DISCOVERED DURING THE SECOND RECORD REVIEW WAS FAILURE TO OBTAIN NON-SUDDEN LIABILITY. * A 3007 LETTER WAS SENT TO NIBCO ON FEB 19, 1987. THIS LETTER REQUIRED ADDITIONAL INFO FROM THE FACILITY REGARDING ITS EFFORTS TO OBTAIN NON-SUDDEN LIABILITY. * THE RESPONSE DID NOT PROVIDE ANY EVIDENCE TO REFUTE THE LACK OF NON-SUDDEN INSURANCE. * RECOMMENDATION: * ISSUE A COMPLAINT, COMPLIANCE ORDER AND NOTICE OF OPPOR- TUNITY FOR HEARING TO NIBCO, WITH A CIVIL PENALTY OF $2,250 FOR THE ABOVE LISTED VIOLATION.

Defendants (1)

• NIBCO, INC.Named in complaintNamed in settlement

Facilities (1)

• NIBCO INCORPORATED NACOGDOCHES DIVISION

  723 S. FREDONIA ST., NACOGDOCHES, TX, 75961

  Registry ID: 110000458790

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• NIBCO, INC. - NACOGDOCHES, TXentered 1987-11-24

  Primary law: RCRA

  Federal penalty: $2,250

Timeline (4 milestones)

• 1987-03-31Enforcement Action Data Entered
• 1987-03-31Complaint Filed/Proposed Order
• 1987-11-24Final Order Issued
• 1992-09-30Enforcement Action Closed