EPA v. LAGUNA INDUSTRIES

Case summary

FACT SHEET: * ON DEC 17, 1987, REPS OF LAGUNA IND, INC., OWNED AND OPER- ATED BY THE LAGUNA INDIAN TRIBE, MET WITH EPA REGION VI TO DISCUSS CLEANUP OF A DRY ARROYO WHICH HAD RECEIVED CHROM- IUM CONTAMINATED EFFLUENT SINCE JUNE 1986. * EPA HAS REGULATORY JURISDICTION OVER AFFAIRS CONDUCTED ON LAGUNA INDIAN LANDS. * LAGUNA HAS RESPONDED TO A RCRA 3007 INFORMATION REQUEST LETTER BY SUBMITTING A PART A PERMIT APPLICATION AND A CLO- SURE PLAN FOR THE ARROYO DISPOSAL UNIT. THE CLOSURE PLAN IS CURRENTLY UNDER REVIEW. * THROUGH REVIEW OF LAGUNA'S ADMISSION AND SUBSEQUENT SUBMIS- SIONS, THE FOLLOWING VIOLATIONS HAVE BEEN DETERMINED TO EXIST: * 1. FAILURE TO NOTIFY; FAILURE TO NOTIFY IN A TIMELY MANNER; 2. OPERATING A TSD FACILITY WITHOUT A PERMIT OR INTERIM STATUS; 3. NO GROUNDWATER MONITORING; 4. NO FINANCIAL ASSURANCE FOR CLOSURE; 5. NO SUDDEN LIABILITY INSURANCE; AND 6. NO NON-SUDDEN LIABILITY INSURANCE. * COMPLAINANT PROPOSES TO ASSESS A CIVIL PENALTY OF $83,000 AGAINST LAGUNA INDUSTRIES, INC. * LAGUNA HAS SUBMITTED 1985 AND 1986 FEDERAL TAX RETURNS THAT PROVIDE FINANCIAL INFO WHICH WILL IN ALL LIKELIHOOD ALLOW EPA TO REDUCE THE PROPOSED PENALTY, BASED ON INABILITY TO PAY. * RECOMMENDATION: PLEASE SIGN THE ATTACHED COMPLAINT, COMPLIANCE ORDER, AND NOTICE OF OPPORTUNITY FOR HEARING AGAINST LAGUNA INDUSTRIES, INC., RCRA DOCKET NO. VI-810-H.

Defendants (1)

• LAGUNA INDUSTRIESNamed in complaint

Facilities (1)

• LAGUNA INDUSTRIES INC

  1 MESITA INDUSTRIAL PKWY, LAGUNA, NM, 87026

  Registry ID: 110004273312

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (3 milestones)

• 1988-04-29Enforcement Action Data Entered
• 1988-04-29Complaint Filed/Proposed Order
• 1989-08-04Enforcement Action Closed