EPA v. MIXON BROTHERS WOOD PRESERVING, INC.

Case summary

FACT SHEET: * MIXON BROS IS IN THE BUSINESS OF PRESSURE TREATING LUMBER WITH CREOSOTE AND PENTACHLOROPHENOL. THE FACILITY HAS CHANGED ITS PROCESS OF USING AN OIL-BASED PRESERVATIVE TO A WATER-BASED PRESERVATIVE WHICH NO LONGER REQUIRES THE USE OF ITS HAZ WASTE MANAGEMENT UNITS. THESE UNITS INCLUDE THREE SURFACE IMPOUNDMENTS THAT HAVE RCRA INTERIM STATUS, BUT DO NOT HAVE GROUNDWATER MONITORING WELLS. THE FACILITY WAS DECLARED A HIGH PRIORITY VIOLATOR BY THE OSDH, AND SUB- MITTED ITS CLOSURE PLAN TO THE OSDH ON JAN 17, 1986, AS A RESPONSE TO AN OSDH WARNING LETTER. * THE OSDH WARNING LETTER WAS ISSUED TO THE FACILITY ON DEC 16, 1985, AND ADDRESSED ALL CLASS I AND CLASS II VIOLATIONS FOUND DURING THE SEPT 5, 1985, OSDH INSPECTION. THE WARN- ING LETTER WAS NOT FOLLOWED UP WITH AN AO FROM THE OSDH AND THE CASE WAS REFERRED TO EPA IN SEPT 1986. THE EPA CON- DUCTED AN CEI AT THE FACILITY ON NOV 15, 1985, AND THE RESULTS OF THAT INSPECTION WERE SENT TO THE OSDH. * ISSUES: THE FACILITY DID NOT NOTIFY EPA OF HAZ WASTE ACTIVITY UNTIL AUG 14, 1985; THEREFORE, THE FACILITY HAS NUMEROUS RCRA INTERIM STATUS VIOLATIONS. THE EPA ORDER ADDRESSED THE LOIS VIOLATIONS ONLY. ALTHOUGH THE OSDH AND THE ENFORCEMENT SECTION REACHED AN AGREEMENT OVER THE PHONE, THE OSDH FAILED TO COMPLETE THEIR ACTION AGAINST THE FACILITY.

Defendants (1)

• MIXON BROTHERS WOOD PRESERVING, INC.Named in complaintNamed in settlement

Facilities (1)

• MIXON BROTHERS WOOD PRESERVING INCORPORATED

  HWY 70W 1M N IDABELL, IDABEL, OK, 74745

  Registry ID: 110000617896

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• MIXON BROTHERS WOOD PRESERVING, INC.entered 1991-12-30

  Primary law: RCRA

  Federal penalty: $10,000

Timeline (4 milestones)

• 1986-09-30Enforcement Action Data Entered
• 1986-09-30Complaint Filed/Proposed Order
• 1991-12-30Final Order Issued
• 1992-01-24Enforcement Action Closed