EPA v. STANDARD INDUSTRIES, INC.

Case summary

FACT SHEET: * STANDARD INDUSTRIES OPERATES A BATTERY MANUF AND RECLAMA- TION PLANT IN SAN ANTONIO, TX. * THE FACILITY HAS A SURFACE IMPOUNDMENT ON SITE THAT HAS BEEN USED TO MANAGE HAZ WASTES. THIS UNIT WAS INCLUDED IN THE FACILITY'S PART A PERMIT APPLICATION SUBMITTED ON NOV 18, 1980. * THE FOLLOWING HAZ WASTES HAVE BEEN IDENTIFIED IN THE FACI- LITY'S NOTIFICATION AND PART A PERMIT APPLICATION AS BEING GENERATED AT THE PLANT: * D002 - CORROSIVE D008 - LEAD (EP TOXIC) K069 - DUST/SLUDGE FROM SECONDARY LEAD SMELTING * ON AUGUST 7, 1985, THE OWNER/OPERATOR SUBMITTED A CERTIFI- CATION OF COMPLIANCE WITH ALL FINANCIAL AND GROUNDWATER MONITORING REQUIREMENTS, AS REQUIRED BY HSWA. * EPA CONDUCTED A LOIS INSPECTION AT THE FACILITY ON SEPT 9, 1986. THE INSPECTOR NOTED THAT THE IMPOUNDMENT HAD OPERATED ON SEPT 4, 1986. * ON NOV 20, 1985, TWC RECEIVED NOTIFICATION THAT THE FACI- LITY'S NON-SUDDEN LIABILITY COVERAGE HAD LAPSED ON NOV 19, 1984. THE FACILITY FALSELY CERTIFIED ON AUG 7, 1985, COM- PLIANCE WITH ALL FINANCIAL REQUIREMENTS. * AS A RESULT OF THE FALSE CERTIFICATION OF COMPLIANCE WITH FINANCIAL REQUIREMENTS, THE FACILITY LOST INTERIM STATUS TO OPERATE. THE FACILITY HAS BEEN OPERATING THE SURFACE IMPOUNDMENT SINCE NOV 8, 1985, WITHOUT INTERIM STATUS OR A FINAL PERMIT TO OPERATE. * RECOMMENDATIONS: ISSUE AN AO PURSUANT TO 40 CFR 3008(A) OF RCRA TO ADDRESS THE CONTINUING OPERATION OF THE SURFACE IMPOUNDMENT WITHOUT A PERMIT AND TO REQUIRE THE FACILITY TO SUBMIT AN AMENDED CLOSURE PLAN AND CLOSE THE IMPOUNDMENT. * * ON DECEMBER 31, 1987, AN ADMIN ORDER WAS ISSUED TO THE FACILITY FOR OPERATING A HAZ WASTE MANAGEMENT UNIT (SPRAY POND H) WITHOUT A PERMIT AND FAILING TO AMEND THE CLOSURE PLAN FOR SAID UNIT. * SPRAY POND H LOST INTERIM STATUS TO OPERATE AS THE FACILITY DID NOT MAINTAIN NON-SUDDEN LIABILITY INSURANCE REQUIREMENTS IN DECEMBER 1984, BUT CERTIFIED IN AUGUST 1985, THAT THESE REQUIREMENTS WERE MET. * IN A DISCUSSION BETWEEN ORC AND THE FACILITY'S COUNSEL IT WAS FOUND THAT DESCREPANCIES IN DATES OF NOTIFICATION OF CANCELLATION EXISTED IN THE ISSUED ORDER. * RECOMMENDATIONS: ISSUE AN AMENDED AO TO REFLECT DATE CHANGES AND INCORP EARLIER DOCUMENTATION OF CANCELLATION OF NON-SUDDEN LIABI- LITY INSURANCE COVERAGE.

Defendants (1)

• STANDARD INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• STANDARD INDUSTRIES

  8189 NELSON RD., SAN ANTONIO, TX, 78227

  Registry ID: 110020479828

• STANDARD INDUSTRIES

  8189 NELSON RD., SAN ANTONIO, TX, 78227

  Registry ID: 110020479828

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• STANDARD INDUSTRIES, INC.

  Primary law: RCRA

  Federal penalty: $29,000

Timeline (3 milestones)

• 1988-01-29Enforcement Action Data Entered
• 1988-01-29Complaint Filed/Proposed Order
• 1988-12-14Enforcement Action Closed