EPA v. HELENA CHEMICAL COMPANY

Case summary

HELENA CHEMICAL COMPANY WAS INCORPORATED IN AND UNDER THE LAWS OF THE STATE OF DELAWARE ON JUN. 20, 1977. HELENA CHEMICAL COMPANY, WEST HELENA, AR. ( RESPONDENT ) IS OPERATED AS A BRANCH OF HELENA CHEMICAL COMPANY. THE REGISTERED AGENT FOR SERVICE FOR RESPONDENT IS C.T. COR- PORATION, LOCATED AT 350 N. ST. PAUL, SUITE 2900, DALLAS, TX. 75201. THE RESPONSIBLE OFFICIAL FOR RESPONDENT IS MR. ROGER LEWIS, DIRECTOR OF ADMINSTRATIVE SERVICES AND ASSISTANT TREASURER OF HELENA CHEMICAL COMPANY, LOCATED AT 6075 POPLAR AVENUE, SUITE 500, MEMPHIS, TN. 38119. RESPONDENT IS A PERSON AS DEFINED AT ARK. CODE ANN. SEC. 8-7-203(9), AT ARKANSAS HAZARDOUS WASTE MANAGEMENT CODE ( AHWM CODE ) CH. 2 SEC. 2A(8), AND IN SECTION 1004(15) OF RCRA, 42 U.S.C. SEC. 6903(15), AND 40 C.F.R. SEC. 260.10. RESPONDENT OWNS AND OPERATES A PLANT LOCATED AT HIGHWAY 49 BYPASS, WEST HELENA, AR., WHERE THE BLENDING, FORMULATING, PACKAGING, TESTING, AND DISTRIBUTION OF PESTICIDES AND HERB- ICIDES TAKES PLACE (THE FACILITY ). ON OR ABOUT JUL. 16, 1980, RESPONDENT SUBMITTED A NOTIFICA- TION OF HAZARDOUS WASTE ACTIVITY TO THE EPA AS REQUIRED BY SECTION 3010(A) OF RCRA, U.S.C. SEC. 6930(A). THE HAZARDOUS WASTE NOTIFICATION FORM IDENTIFIED RESPONDENT AS A GENERA- TOR, TREATER/STORER/DISPOSER, AND TRANSPORTER OF HAZARDOUS WASTES. ON OR ABOUT FEB. 6, 1993, RESPONDENT SUBMITTED ITS 1992 HAZ- ARDOUS WASTE ANNUAL REPORT ( ANNUAL REPORT ) TO THE ARKANSAS DEPT. OF POLLUTION AND ECOLOGY ( ADPC&E ). THE RESPONDENT REPORTEDTHAT IT IS A LARGE GENERATOR OF MORE THAN 200 LBS. OF HAZARDOUS WASTE PER CALENDAR MONTH. RESPONDENT IS A GENERATOR OF HAZARDOUS WASTE AS THAT TERM IS DEFINED AT 40 C.F.R. SEC. 260.10, AND AS INCORPORATED BY REFERENCE AT AHWM CODE CH. 2 SEC. 3A(1). RESPONDENT OPERATES THE FACILITY WITHOUT INTERIM STATUS OR AN APPROVED RCRA OPERATING PERMIT. VIOLATIONS: COUNT 1: RESPONDENT HAS VIOLATED RCRA SEC. 3005, 40 C.F.R. SEC. 262.34(B) BY FAILING TO OBTAIN A PERMIT OR INTERIM STA- TUS IN ORDER TO STORE HZARDOUS WASTE ONSITE. COUNT 2: RESPONDENT IS INVIOLATION OF 40 C.F.R. SEC. 262.11 BY FAILING TO CONDUCT A HAZARDOUS WASTE DETERMINATION ON THE SOLID WASTES BEING STORED IN TANK #8 AT THE FACILITY ON THE DATE OF THE INSPECTION. COUNT 3: RESPONDENT IS IN VIOLATION OF 40 C.F.R. SEC. 262. 34(A)(1), (2), AND (3) FOR FAILING TO CLEARLY MARK TANK #8 OR THE DENTED DRUM, BOTH OF WHICH CONTAINED HAZARDOUS WASTE, WITH THE WORDS HAZARDOUS WASTE AND THE DATE UPON WHICH THE ACCUMULATION OF HAZARDOUS WASTE IN THE CONTAINER BEGAN. COUNT 4: RESPONDENT IS IN VIOLATION OF 40 C.F.R. SEC. 262. 34(C)(1) FOR FAILING TO KEEP ALL CONTAINERS OF HAZARDOUS WASTE CLOSED EXCEPT TO ADD OR REMOVE WASTE AND FOR FAILURE TO HAVE ALL OF THE CONTAINERS IN THE AREA OF HAZARDOUS GEN- ERATION LABELED WITH THE WORDS HAZARDOUS WASTE . THE PROPOSED PENALTY IS $98,125. FACILITY I.D. NO. ARD0304144494.

Defendants (1)

• HELENA CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (2)

• HELENA CHEMICAL COMPANY

  101 MARTIN LUTHER KING DR., WEST HELENA, AR, 72390

  Registry ID: 110000452359

• HELENA CHEMICAL COMPANY

  101 MARTIN LUTHER KING DR., WEST HELENA, AR, 72390

  Registry ID: 110000452359

Statutes cited

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

Enforcement conclusions (1)

• HELENA CHEMICAL COMPANYentered 1993-12-29

  Primary law: RCRA

  Federal penalty: $98,125

Timeline (5 milestones)

• 1993-12-28Complaint Filed/Proposed Order
• 1993-12-28Enforcement Action Data Entered
• 1993-12-29Final Order Issued
• 1994-08-03Compliance Achieved
• 1994-08-03Enforcement Action Closed