EPA v. I-CON INDUSTRIES, INC.

Case summary

I-CON INDUSTRIES, INC. WAS INCORPORATED IN AND UNDER THE LAWS OF DELAWARE ON MAY 6, 1980. THE REGISTERED AGENT FOR SERVICE IS RONALD FALLER, 1101 PAM- ELA DRIVE, EULESS, TX. 76040-6811. RESPONDENT OWNS AND OPERATES A MANUFACTURING OPERATION WHICH CONSISTS OF A ONE-STORY BUILDING CONTAING OFFICES AND AREAS FOR PLATING AND OTHER OPERATIONS, AND A STORAGE BUILDING OUTSIDE THE MAIN BUILDING. THE SITE IS LOCATED AT 1101 PAM- ELA DRIVE, EULESS, TX. 76040-6811. RESPONDENT MANUFACTURES MULTI-WIRE AND MULTI-LAYER PRINTED CIRCUIT BOARDS. FACILITY PROCESSES INVOLVE ELECTROPLATING OF COPPER, TIN/LEAD, NICKEL, GOLD, AND ELECTROLESS COPPER. ON DEC. 30, 1988, 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 THIS NOTIFICATION, RESPONDENT STATED IT WAS A GENERATOR OF HAZARDOUS WASTE. THE TWC NOTICE OF REGISTRATION DATED MAR. 28, 1990 STATES THAT THE RESPONDENT GENERATES NUMEROUS WASTE STREAMS. RESPONDENT'S ON-SITE WASTE MANAGEMENT FACILITIES CONSIST OF TWO CONTAINER STORAGE AREAS. RESPONDENT SHIPS, OR CAUSES TO BE SHIPPED, HAZARDOUS WASTES. RESPONDENT IS A GENERATOR OF HAZARDOUS WASTE AND ENGAGES IN THE STORAGE OF HAZARDOUS WASTE ATITS FACILITY. RESPONDENT HAS ACCUMULATED HAZARDOUS WASTE IN CONTAINERS AT ITS FACILITY FOR A PERIOD OF TIME EXCEEDING 90 DAYS. AS OF FEB. 15, 1990, RESPONDENT HAD NOT BEEN ISSUED A PERMIT BY EPA OT TWC FOR THE TREATMENT, STORAGE , OR DISPOSAL OF HAZARDOUS WASTE AT ITS FACILITY. INSPECTORS FROM THE TWC INSPECTED RESPONDENT'S FACILITY ON SEPT. 27, 1988.A NOTICE OF VIOLATION WAS ISSUED TO RESPON- DENT BY TWC ON OCT. 21, 1988 ALLEGING CONDITIONS AT RESPON- DENT'S FACILITY CONSTITUTED VIOLATIONS OF REGULATIONS PROM- ULGATED UNDER CHAPTER 335 OF THE TAC. TWC CONDUCTED A COMPLIANCE SCHEDULE INSPECTION OF RESPON- DENT'S FACILITY ON DEC. 14, 1988. A RECORD REVIEW OF RESPONDENT'S FACILITY WAS CONDUCTED BY TWC ON JAN. 6, 1989. EPA ISSUED A WARNING LETTER TO RESPONDENT, MAR. 23, 1989. THE WARNING LETTER NOTIFIED RESPONDENT THAT ITS FACILITY MAY BE IN VIOLATION OF LEGAL REQUIREMENTS UNDER RCRA AND THE TEXAS SOLID WASTE DISPOSAL ACT. THE WARNING LETTER WAS RECEIVED BY RESPONDENT ON MAR. 27, 1989. ON FEB. 15, 1990, A COMPLIANCE EVALUATION INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. ON DEC. 12, 1990, A CEI WAS CONDUCTED BY TWC AT RESPONDENT'S FACILITY. VIOLATIONS: COUNT 1 - RESPONDENT VIOLATED SECTION 3005 OF RCRA BY STOR- ING HAZARDOUS WASTE AT ITS FACILITY FOR A PERIOD OF TIME IN EXCESS OF 90 DAYS WITHOUT A PERMIT OR INTERIM STATUS. COUNT 2 - RESPONDENT VIOLATED 40 C.F.R. SEC. 268.7 BY FAIL- ING TO NOTIFY THE TSD FACILITY OF THE APPROPRIATE TREATMENT STANDARDS OR PROVIDE THE REQUIRED NOTICE AND CERTIFICATION WITH EACH APPLICABLE SHIPMENT OF RESTRICTED WASTE. COUNT 3 - RESPONDENT VIOLATED 40 C.F.R. SEC. 265.16 BY FAIL- ING TO HAVE A PERSONNEL TRAINING PROGRAM AND BY FAILING TO MAINTAIN THE REQUIRED PERSONNEL TRAINING DOCUMENTS AT ITS FACILITY. COUNT 4 - RESPONDENT VIOLATED 40 C.F.R. BY FAILING TO AT- TEMPT TO MAKE ARRANAGEMENTS WITH POLICE AND FIRE DEPART- MENTS, LOCAL HOSPITALS, EMERGENCY RESPONSE TEAMS, AND EMERG- ENCY RESPONSE CONTRACTORS. THE PROPOSED PENALTY IS $136,400. DOCKET OR INDEX NO. RCRA VI-108-H. FACILITY I.D. NO. TXD982563488.

Defendants (1)

• I-CON INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• I CON INDUSTRIES INCORPORATED

  1101 PAMELA, EULESS, TX, 76040

  Registry ID: 110000842697

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• I-CON INDUSTRIES, INC.entered 1994-09-29

  Primary law: RCRA

  Federal penalty: $12,000

Timeline (5 milestones)

• 1991-06-28Enforcement Action Data Entered
• 1991-06-28Complaint Filed/Proposed Order
• 1994-09-29Final Order Issued
• 1994-10-25Enforcement Action Closed
• 1994-10-25Compliance Achieved