EPA v. VULCAN CHEMICALS, A DIVISION OF VULCAN MATERIALS COMPANY

Case summary

THIS IS A MULTI-MEDIA CASE. VULCAN MATERIALS COMPANY, LOCATED IN BIRMINGHAM, ALABAMA, WAS INCORPORATED IN AND UNDER THE LAWS OF THE STATE OF NEW JERSEY. VULCAN MATERIALS COMPANY QUALIFIED TO DO BUSINESS IN LOUIS- IANA ON MAY 22, 1967, UNDER THE NAME VULCAN CHEMICALS. VULCAN MATERIALS COMPANY, D/B/A VULCAN CHEMICALS, OWNS AND OPERATES A CHEMICAL MANUFACTURING BUSINESS LOCATED ON ASH- LAND ROAD, NEAR THE TOWN OF GEISMAR, ASCENSION PARISH, LA, WHERE IT PRODUCES CHLORALKALI PRODUCTS AND CHLORINATED SOL- VENTS (THE PLANT ). VULCAN CHEMICALS IS OPERATED AS A DIVISION OF VULCAN MATER- IALS COMPANY. THE REGISTERED AGENT FOR SERVICES IN LA. FOR VULCAN MATER- IALS COMPANY, D/B/A VULCAN CHEMICALS (HEREINAFTER, RESPOND- ENT ), IS THE PRENTICE HALL CORPORATION SYSTEM, INC., 203 CARONDELET STREET, SUITE 811, NEW ORLEANS, LA. 70130. RESPONDENT IS A CORPORATION AND THEREFORE A PERSON , AS DE- FINED IN THE LOUISIANA ADMINISTRATIVE CODE ( LAC ). RESPONDENT IS A CORPORATION AND THEREFORE A PERSON , AS DE- FINED IN THE LOUISIANA ADMINISTRATIVE CODE ( LAC ). ON OCT. 31, 1983, RESPONDENT SUBMITTED A NOTIFICATION OF HAZARDOUS WASTE ACTIVITY TO EPA, AS REQUIRED BY SECTION 3010 (A) OF RCRA, 42 U.S.C. SEC. 6930(A). IN ITS NOTIFICATION OF HAZARDOUS WASTE ACTIVITY, RESPONDENT CERTIFIED THAT IT GENER ATES, TREATS, STORES, OR DISPOSES OF HAZARDOUS WASTES. ON OR ABOUT SEPT. 18, 1989, RESPONDENT AMENDED ITS NOTIFIC- ATION OF HAZARDOUS WASTE ACTIVITY. THE LOUISIANA DEPT. OF ENVIRONMENTAL QUALITY ( LDEQ ) ISSUED TO THE RESPONDENT A HAZARDOUS WASTE PERMIT FOR THE PLANT IN 1991. THE PLANT IS A FACILITY AS THAT TERM IS DEFINED IN THE LOUISIANA ADMINISTRATIVE CODES. THE PLANT WAS IN OPERATION ON OR BEFORE NOV. 19, 1980 AND IS THEREFORE AN EXISTING HAZARDOUS WASTE MANAGEMENT FACILITY . ON OR ABOUT MAR. 17-20, 1992, EPA REPRESENTATIVES INSPECTED THE PLANT. RCRA COUNT I- RECORDKEEPING AND REPORTING: RESPONDENT VIOLATED LOUISIANA REGULATIONS BY FAILING TO CON- TACT THE OWNER OR OPERATOR OF THE FACILITY ON TEXAS MANI- FEST NO. 00162248 WITHIN 35 DAYS OF THE DATE THE WASTE WAS ACCEPTED FOR TRANSPORTATION TO DETERMINE THE STATUS OF THE HAZARDOUS WASTE. RCRA COUNT II- RECORDKEEPING AND REPORTING: RESPONDENT VIOLATED LOUISIANA ADMINISTRATIVE CODES BY FAIL- ING TO FILE AN EXCEPTION REPORT WITHIN 45 DAYS OF THE DATE THE WASTE COVERED BY TEXAS MANIFEST NO.00162248 WAS ACCEPTED BY THE INITIAL TRANSPORTER. RCRA COUNT III- FAILURE TO MAKE A HAZARDOUS WASTE DETERMIN- ATION: RESPONDENT VIOLATED LAC BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION WITH RESPECT TO 24 DRUMS OF SOLID WASTE HELD IN THE STORAGE AREA AT THE PLANT. RCRA COUNT IV- CONDITION OF CONTAINERS: RESPONDENT VIOLATED LAC BY NOT HAVING TRANSFERRED THE CON- TENTS OF THE BULGING DRUM TO A DRUM IN GOOD CONDITION OR OTHERWISE HAVING MANAGED THE WASTE IN SOME OTHER WAY THAT COMPLIED WITH THE REQUIREMENTS OF 40 C.F.R. PART 264. RCRA COUNT V- LAND DISPOSAL RESTRICTIONS-RECORDKEEPING: RESPONDENT VIOLATED 40 C.F.R. SEC. 268.7(A)(7) BY FAILING TO MAINTAIN ON-SITE FOR AT LEAST FIVE YEARS FROM THE DATE OF SHIPMENT COPIES OF THE REQUIRED LDR NOTIFICATIONS FOR THE WASTE SHIPPED UNDER TWO LOUISIANA HAZARDOUS WASTE MANIFESTS. RCRA COUNT VI- LAND DISPOSAL RESTRICTIONS-STORAGE: RESPONDENT VIOLATED 40 C.F.R. SEC. 268.50(C) BY STORING HAZ- ARDOUS WASTE RESTRICTED FROM LAND D

Defendants (1)

• VULCAN CHEMICALS, DIV. OF VULCAN MATER.Named in complaintNamed in settlement

Facilities (4)

• VULCAN MATERIALS COMPANY CHEMICALS DIVISION

  8318 ASHLAND ROAD, GEISMAR, LA, 70734

  Registry ID: 110000449774

• VULCAN MATERIALS COMPANY CHEMICALS DIVISION

  8318 ASHLAND ROAD, GEISMAR, LA, 70734

  Registry ID: 110000449774

• VULCAN MATERIALS COMPANY CHEMICALS DIVISION

  8318 ASHLAND ROAD, GEISMAR, LA, 70734

  Registry ID: 110000449774

• VULCAN MATERIALS COMPANY CHEMICALS DIVISION

  8318 ASHLAND ROAD, GEISMAR, LA, 70734

  Registry ID: 110000449774

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 113 — Clean Air Act
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste

Enforcement conclusions (1)

• VULCAN CHEMICALS, A DIVISION OF VULCAN MATERIALS Centered 1994-12-01

  Primary law: RCRA

  Federal penalty: $164,370

Timeline (5 milestones)

• 1993-03-18Enforcement Action Data Entered
• 1993-03-18Complaint Filed/Proposed Order
• 1994-12-01Final Order Issued
• 1994-12-01Compliance Achieved
• 1994-12-01Enforcement Action Closed