EPA v. WHY WASTEWATER, INC.

Case summary

1. SECTION 3008(A) OF THE SOLID WASTE DISPOSAL ACT, AS A- MENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976(RCRA), AS AMENDED BY THE HAZARDOUS AND SOLID WASTE ADMENDENTS OF 1984 (HSWA), PUB. LAW. 98-616 (HEREIN JOINTLY REFERRED TO AS ( RCRA ), 42 U.S.C. SEC. 6901, ET. SEQ. 2. WHY WASTEWATER?, INC. 3350 DONIPHAN DRIVE EL PASO, TEXAS 79922 3. THE VIOLATIONS UPON WHICH THE PROPOSED CIVIL ACTION IS BASED: A. WWI HAS VIOLATED THE REGULATIONS PROMULGATED PURSUANT TO SUBTITLE C OF RCRA RELATING TO THE STORAGE OF HAZARDOUS WASTE. 4. PROPOSED RELIEF: RELIEF SOUGHT PURSUANT TO SECTION 3008 (A) OF RCRA WOULD ENJOIN WWI FROM STORING HAZARDOUS WASTE SHIPMENTS AT ITS TRANSFER FACILITY IN EL PASO, TX., IN EXCESS OF TEN DAYS. IN ADDITION, IMPOSITION AND PURSUIT OF A $383,900.00 CIVIL PENALTY, AS CALCULATED UNDER THE RCRA CIVIL PENALTY POLICY, IS ALSO RECOMMENDED. 5. THE MOST RECENT CONTACT WITH DEFENDANT CONCERNING THE VIOLATIONS ALLEGED IN THIS REPORT OCCURRED WHEN EPA IS- SUED RCRA SEC. 3007 REQUESTS FOR INFORMATION IN 1993 AND WHEN THE INTENDED DEFENDANT RESPONDED TO SAID REQUESTS FOR INFORMATION. 6. THE VIOLATIONS ALLEGED IN THE LITIGATION REPORT INVOLVE HAZARDOUS WASTE WHICH HAS BEEN INPORTED INTO THE U.S. FROM MEXICO. BECAUSE FOREIGN HAZARDOUS WASTE IS INVOLVED, EPA CONSIDERS THIS CASE TO BE NATIONAL SIGNIFICANCE GIVEN THE INTERNATIONAL CONTEXT OF THE VIOLATIONS. FURTHERMORE, A HIGH LEVEL OF ENFORCEMENT ACTIVITY IN THE U.S./MEXICO BORDER AREA IS A PRIORITY FOR THE REGION. WWI IS ONE OF THE LARGER HAZARDOUS WASTE BROKERS IN THE BORDER AREA, SO THIS PROPOSED CIVIL ACTION WILL PROVIDE A DETERRANCE VALUE WHICH WILL IMPACT THE REGULATED COMMUNITY IN THE BORDER AREA. HIGH PROFILE ENFORCEMENT ACTIVITY IN THE BORDER AREA ALSO SERVES TO ALLAY THE GENERAL PUBLIC'S CONCERN REGARDING ENVIRONMENTAL COMPLIANCE IN THE BORDER AREA. 7. DATE TECHNICAL SUPPORT DOCUMENTS FROM PROGRAM NECESSARY FOR PREPARATION OF REFERRAL REACHED ORC: MAY 1994. 8. DATE THIS REFERRAL WAS SIGNED BY RA: 06/30/94. 9. ENVIRONMENTAL JUSTICE CONCERNS ARE RAISED BT THE ALLEGED VIOLATIONS IN THE PROPOSED CIVIL ACTION. THE FACILITY WHERE THE ALLEGED VIOLATIONS OCCURRED IS LOCATED IN A MINORITY COMMUNITY WHICH IS ECONOMICALLY DISTRESSED. THE AREA WITHIN SEVEN MILES OF THE INTENDED DEFENDANT'S FAC- ILITY IS POPULATED BY 68,897 WITH 48.1% MINORITY AND 20.1 % ECONOMICALLY STRESSED. ALTHOUGH THE ALLEGED VIOLATIONS DO NOT INVOLVE A RELEASE TO THE ENVIRONMENT, THE PROPOSED CIVIL ACTION INVOLVES A POTENTIAL RELEASE IN THAT THE INTENDED DEFENDANT ALLEGED- LY STORED HAZARDOUS WASTE WITHOUT A STORAGE PERMIT. BY NOT HAVING A STORAGE PERMIT, THE INTENDED DEFENDANT A- VOIDED THE REGULATORY SAFEGUARDS DESIGNED TO DEAL WITH THE DANGERS PRESENTED WHEN STORING HAZARDOUS WASTE, SUCH AS A DAILY INSPECTIONS, STORAGE REQUIREMENTS, A CLOSURE PLAN, FINANCIAL ASSURANCE REQUIREMENTS, ETC.

Defendants (1)

• WHY WASTEWATER, INC.Named in complaintNamed in settlement

Facilities (1)

• WHY WASTEWATER INC

  3350 DONIPHAN DR, EL PASO, TX, 79922

  Registry ID: 110005071554

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)

• WHY WASTERWATER, INC.entered 1995-10-06

  Primary law: RCRA

  Federal penalty: $103,000

Timeline (7 milestones)

• 1993-11-04Enforcement Action Data Entered
• 1994-06-30Referred To Dept Of Justice
• 1995-09-05Complaint Filed With Court
• 1995-10-06Final Order Lodged
• 1995-10-06Final Order Entered
• 1995-10-06Concluded
• 1995-10-06Enforcement Action Closed