EPA v. MARINE SHALE PROCESSORS INC

Case summary

AFTER MUCH DISCUSSION BETWEEN THE LA DEPT OF ENVIRONMENTAL QUALITY,(LDEQ REFERRED MARINE SHALE PROCESSORS INC. (MSP) TO EPA ON OCTOBER 8, 1986 FOR THE PURPOSE OF INVESTIGATING THE POSSIBILITY THAT MSP WAS OPERATING A WASTE TRMT AND DISPOSAL FACILITY WITHOUT A RCRA PERMIT UNDER THE GUISE OF RECYC- LING), EPA CONDUCTED A JOINT CRIMINAL AND CIVIL INSPECTION OF MSP ON NOVEMBER 18, 19, AND 20, 1986. AS A RESULT OF THIS INSPECTION A CRIMINAL PROCEEDING WAS COMMENCED. HOWEVER, THE OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING AND THE U.S DEPARTMENT OF JUSTICE DECLINED TO ALLOW PARALLEL CIV ACTION TO BE PURSUED. AT THE CONCLUSION OF THE CRIMINAL CASE, EPA CONDUCTED INSPECTIONS ON JUNE 20, 21 AND 1989 AND FOUND EVIDENCE THAT MSP HAD ACCEPTED LAND DISPOSAL RESTRICTED WASTES AND DISPOSED OF THE TREATMENT RESIDUAL FROM THESE WASTES ON THE LAND ALTHOUGH THE RESIDUALS FROM THESE WASTES ON THE LAND ALTHOUGH THE RESIDUALS DID NOT MEET THE REQUIRED TRTMT STANDARDS.

Defendants (5)

• JOHN M. ( JACK ) KENT, SR.Named in complaintNamed in settlement
• MARINE SHALE PROCESSORS, INCNamed in complaintNamed in settlement
• GTXNamed in settlement
• JOHN M. ( JACK ) KENT, JR.Named in complaintNamed in settlement
• Southern Wood PiedmontNamed in complaint

Facilities (3)

• GTX INCORPORATED

  9828 HWY 90 8M E MORGAN CITY, AMELIA, LA, 703409998

  Registry ID: 110000700563

• GTX INCORPORATED

  9828 HWY 90 8M E MORGAN CITY, AMELIA, LA, 703409998

  Registry ID: 110000700563

• GTX INCORPORATED

  9828 HWY 90 8M E MORGAN CITY, AMELIA, LA, 703409998

  Registry ID: 110000700563

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CERCLA 107 — Superfund
• RCRA 3008H — Interim Status Corrective Action Order
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 107A — Cost Recovery
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (2)

• MARINE SHALE PROCESSORS INCentered 1998-02-20

  Primary law: RCRA

  Federal penalty: $8,000,000 · State/local: $2,025,000

• MARINE SHALE PROCESSORS INCentered 2006-09-11

  Primary law: RCRA

  Federal penalty: $3,962,998 · State/local: $2,262,997

Timeline (6 milestones)

• 1990-03-30Enforcement Action Data Entered
• 1990-03-30Referred To Dept Of Justice
• 1990-06-14Complaint Filed With Court
• 2006-06-08Final Order Lodged
• 2006-09-11Final Order Entered
• 2009-05-21Enforcement Action Closed