EPA v. MALONE SERVICE COMPANY

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), AS AMENDED, 42 U.S.C. SECTION 6928. 2. MALONE SERVICE COMPANY 5300 CAMPBELL'S BAYOU ROAD TEXAS CITY, GALVESTON COUNTY, TEXAS 3. THE RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION IN THE GROUND WATER, BY PROCESSING HAZARDOUS WASTE IN AN UN- AUTHORIZED UNIT, AND BY STORING HAZARDOUS WASTE WITHOUT A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $100,000 AND ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO PREPARE A REPORT EVAL- UATING HYDROGEOLOGIC CONDITIONS AT THE FACILITY WITHIN 180 DAYS, DRUMS RECEIVED TO BE PROCESSED IN THE API-1 SEPARATOR SHALL BE IMMMEDIATELY AND CONTINUOUSLY PROCESS- ED, AND BY APR. 1, 1995, CERTIFY THAT THE RESPONDENT HAS SUBMITTED A PERMIT MODIFICATION TO ALLOW STORAGE OF DRUMS IN THE AREA NEXT TO TO THE API-1 SEPARATOR.

Defendants (1)

• MALONE SERVICE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MALONE SVC CO

  5300 CAMPBELL RD, TEXAS CITY, TX, 77592

  Registry ID: 110000619439

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• MALONE SERVICE COMPANYentered 1995-01-19

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (5 milestones)

• 1991-06-28Enforcement Action Data Entered
• 1991-06-28Complaint Filed/Proposed Order
• 1995-01-19Final Order Issued
• 1995-11-20Compliance Achieved
• 2001-02-20Enforcement Action Closed