EPA v. ASARCO, INC.

Case summary

ASARCO, INC. (RESPONDENT) IS A CORPORATION INCORPORATED UN- DER THE LAWS OF THE STATE OF NEW JERSEY AND AUTHORIZED TO DO BUSINESS IN TEXAS. THE RESPONDENT IS A PERSON AS THAT TERM IS DEFINED IN 31 TEXAS ADMINISTRATIVE CODE (TAC) SEC. 335.1, SECTION 1004(15) OF RCRA, 42 U.S.C. SEC. 6903(15), AND 40 C.F.R. SEC. 260.10. THE RESPONDENT OWNS AND OPERATES A METALS REFINING FACILITY LOCATED AT 2301 WEST PAISANO, EL PASO, TX. ON OR ABOUT AUG. 13, 1980, THE RESPONDENT SUBMITTED A NOTI- FICATION OF HAZARDOUS WASTE ACTIVITY (EPA FORM 8700-12) TO EPA, AS REQUIRED BY SECTION 3010 OF RCRA, 42 U.S.C. SEC. 6930. RESPONDENT WAS ASSIGNED EPA I.D. NO. TXD990757668. IN ITS NOTIFICATION OF HAZARDOUS WASTE ACTIVITY, THE RESPON- DENT CERTIFIED THAT IT GENERATED, TREATED, STORED, OR DIS- POSED OF THE FOLLOWING: HAZARDOUS WASTE FROM NONSPECIFIC SOURCES: F001; HAZARDOUS WASTES FROM SPECIFIC SOURCES: K064, K065, K066, AND K068; COMMERCIAL CHEMICAL PRODUCT HAZARDOUS WASTES: U002, U013, U044, U117, U122, U134, U144, U154, U159 U160, U161, U211, U219, U228, P012, P098, AND P106; AND CHARACTERISTIC HAZARDOUS WASTES: D001 - IGNITABLE, D002 - CORROSIVE, D003 - REACTIVE, AND D000 - TOXIC. ON OR ABOUT NOV. 19, 1980, THE RESPONDENT SUBMITTED A PART A PERMIT APPLICATION TO EPA TO TREAT, STORE, OR DISPOSE OF HAZ ARDOUS WASTE, AS REQUIRED BY SECTION 3005(E) OF RCRA, 42 U.S U.S.C. SEC. 6925(E). THE RESPONDENT PRODUCED MATERIAL FROM SANDBLASTING OPERAT- IONS AT THE FACILITY AFTER AUG. 30, 1985. FROM AUG. 31, 1985 THROUGH AT LEAST JUN. 4, 19993, THE RE- PONDENT DID NOT HAVE A PERMIT OR INTERIM STATUS TO PROCESS (TREAT), STORE OR DISPOSE OF D008 HAZARDOUS WASTE.

Defendants (1)

• ASARCO, INC.Named in complaintNamed in settlement

Facilities (2)

• ASARCO INCORPORATED EL PASO

  2301 W. PAISANO, EL PASO, TX, 799221622

  Registry ID: 110042045550

• ASARCO INCORPORATED EL PASO

  2301 W. PAISANO, EL PASO, TX, 799221622

  Registry ID: 110042045550

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• ASARCO, INC.entered 1996-05-08

  Primary law: RCRA

  Federal penalty: $80,000

Timeline (4 milestones)

• 1993-12-30Enforcement Action Data Entered
• 1993-12-30Complaint Filed/Proposed Order
• 1996-05-08Final Order Issued
• 1996-05-28Enforcement Action Closed