EPA v. RESIDUAL TECHNOLOGIES, INC. (RTI) (CHEMICAL RESOURCES, INC.)

Case summary

DATA SHEET: * VIOLATIONS: VIOLATIONS OF THE OSDH RULES AND REGS FOR INDUSTRIAL WASTE MANAGEMENT (APPLICABLE TO CLASS I INJECTION WELLS): FAILURE TO MAINTAIN THE ESTABLISHED MINIMUM ANNULUS PRESSURE AT THE WELLHEAD, TO CONTINUOUSLY MONITOR AND RECORD VARIOUS WELL PARAMETERS, TO ANALYZE THE SPECIFIC GRAVITY OF THE INJECTED FLUIDS AND TO INJECT AT A PRESSURE AT OR BELOW THE ESTAB- LISHED MAXIMUM INJECTION PRESSURE. * PROPOSED RELIEF: FILING OF A COMPLAINT TO BE FOLLOWED BY SETTLEMENT IN THE FORM OF A CONSENT DECREE REQUIRING COMPLIANCE WITH THE ABOVE-REFERENCED OSDH REGS AND PAYMENT OF A CIVIL PENALTY OF AT LEAST $1,960,000. * RECENT CONTACT: 12/23/87 MEETING AT EPA REGION 6 OFFICES TO DISCUSS SETTLE- MENT OF THE RCRA LAWSUIT. * SYNOPSIS: CRI OWNS AND OPERATES A HAZ WASTE DISPOSAL FACILITY LOCATED IN TULSA, OK. AT ISSUE IN THIS LITIGATION REPORT IS CRI'S OPERATION OF A CLASS I DISPOSAL WELL ALLEGEDLY IN VIOLATION OF REGS ESTABLISHED BY THE OSDH. * THE SDWA PROVIDES FOR THE SAFETY OF PUBLIC WATER SYSTEMS. PURSUANT TO SECTIONS 1421 AND 1422 OF SDWA, THE US EPA MAY DELEGATE TO A STATE THE RESPONSIBILITY FOR THE PROTEC- TION OF UNDERGROUND SOURCES OF DRINKING WATER WITHIN THE STATE. THE ROLE OF EPA THEN BECOMES ONE OF OVERSEER OF THE PROGRAMS ESTABLISHED BY THE STATE. * THE STATE HAS BEEN GRANTED BY EPA PRIMARY ENFORCEMENT RESPON SIBILITY FOR UNDERGROUND WATER SOURCES WITHIN SAID STATE. OSDH ADMINISTERS THE PROGRAM GOVERNING THE OPERATION OF CLASS I WELLS (WELLS WHICH INJECT HAZ AND OTHER INDUSTRIAL WASTES BENEATH THE LOWERMOST FORMATION CONTAINING AND UNDER- GROUN SOURCE OF DRINKING WATER) W/I THE STATE. OSDH HAS DULY ADOPTED RULES AND REGULATIONS OF INDUSTRIAL WASTE MANAGEMENT APPLICABLE TO CONTROLLED INDUSTRIAL WASTE INJEC- TION WELLS. AS THE OWNER AND OPERATOR OF A CLASS I HAZARD- OUS WASTE INJECTION WELL LOCATED IN THE STTE, CRI IS SUBJECT TO SAID REGULATIONS. * CRI HAS A LONG HISTORY OF NONCOMPLIANCE WITH THE REGULA- TIONS. OSDH AND EPA HAVE TAKEN NUMEROUS ENFORCEMENT ACTIONS DESIGNED TO BRING CRI INTO COMPLIANCE WITH SAID REGULATIONS. THESE EFFORTS PROVED, FOR THE MOST PART, FRUITLESS, AS CRI, FOR SEVERAL YEARS, OPERATED ITS CLASS I DISPOSAL WELL IN VIOLATION OF THE REGULATIONS AND OF SDWA. * MOST RECENTLY, IN AUGUST 1987, OSDH COMMENCED AN ADMINISTRA- TIVE PENALTY ACTION SEEKING A PENALTY OF $36,000 AS A RESULT OF CRI'S REPEATED FAILURE TO INJECT AT A PRESSURE AT OR BELOW THE MAXIMUM INJECTION PRESSURE ESTABLISHED BY THE STATE FOR ITS CLASS I WELL. EPA SUBSEQUENTLY ISSUED TO CRI TWO NOTICES OF NONCOMPLIANCE (NOVS), IN AUG 1987 AND MAY 1988, CITING PRESSURE AND OTHER VIOLATIONS AT THE DISPOSAL WELL. EACH NOV STATED THAT EPA WOULD BE AUTHORIZED BY SDWA TO TAKE AN ENFORCEMENT ACTION AGAINST CRI SHOULD OSDH FAIL TO COMMENCE AN 'APPROPRIATE' ENFORCEMENT ACTION W/I 30 DAYS OF RECEIPT OF THE NOV. * OSDH'S LATEST ADMINISTRATIVE ACTION

Defendants (1)

• RESIDUAL TECHNOLOGIES, INC. (RTI)Named in complaintNamed in settlement

Facilities (1)

• PERMA FIX TREATMENT SERVICES

  2700S. 25TH W. AVE., TULSA, OK, 74107

  Registry ID: 110000454945

Statutes cited

• SDWA 1422 — Safe Drinking Water Act
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• RESIDUAL TECHNOLOGIES, INC.entered 1993-09-28

  Primary law: SDWA

  Federal penalty: $300,000

Timeline (10 milestones)

• 1988-11-07Enforcement Action Data Entered
• 1988-12-30Referred To Dept Of Justice
• 1989-05-31Returned To Region
• 1990-03-02Rereferred
• 1992-03-17Referred TO U.S. Attorney
• 1992-03-25Complaint Filed With Court
• 1993-09-28Final Order Lodged
• 1993-09-28Final Order Entered
• 1993-09-28Concluded
• 1995-04-24Enforcement Action Closed