EPA v. WESTVACO CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SEC. 6901 ET SEQ., AS A- MENED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 ( HSWA ), PUBLIC LAW NO. 98-616 STAT. 3221 (1984). 2. WESTVACO CORPORATION CROSBY ROAD DERIDDER, LA. REGISTERED AGENT: CT CORPORATION SYSTEM 8550 UNITED PLAZA BLVD. BATON ROUGE, LA. 70809 FACILITY I.D. NO. LAD010390599 SIC CODE 2861 3. VIOLATIONS: COUNT 1 - RESPONDENT HAS VIOLATED 40 C.F.R SEC. 266.103 (C)(2)(III) BY FAILING TO PROVIDE A COPY OF THE TEST PRO- TOCOL, THE QA/QC PLAN AND A SUMMARY DESCRIPTION FOR EACH TEST PROVIDING THE PURPOSE OF THE TEST AND PLANNED OPER- ATING CONDITIONS. COUNT 2 - RESPONDENT HAS VIOLATED 40 C.F.R. SEC. 266.103 (C)(3)(I) BY FAILING TO PERFORM A COMPLETE COMPLIANCE TEST ON BOTH BOILER NO. 2 AND BOILER NO. 3 , OR, IN THE ALTERNATIVE, BY FAILING TO DEMONSTRATE THE SIMILARITY OF THE UNITS IN ORDER TO SUBMIT COMPLETE DATA FROM ONE UNIT IN LIEU OF TESTING BOTH BOILERS. COUNT 3 - RESPONDENT VIOLATED 40 C.F.R. SEC. 266.103(J) (1) BY FAILING TO MONITOR AND RECORD THE HAZARDOUS WASTE FEED RATE ON EITHER AN INSTANTANEOUSOR HOURLY ROLLING AVERAGE BASIS. COUNT 4 - RESPONDENT VIOLATED 40 C.F.R.SEC. 266.103(J)(1) (II) BY FAILING TO PROPERLY MONITOR CARBON MONOXIDE CON- CENTRATIONS ON A CONTINUOUS BASIS. COUNT 5 - RESPONDENT VIOLATED 40 C.F.R. 265.112 BY NOT MAINTAINING AN ADEQUATE CLOSURE PLAN FOR THE HAZARDOUS WASTE UNITS AT THE FACILITY. COUNT 6 - RESPONDENT VIOLATED 40 C.F.R. SEC. 265.13(B) BY DISPOSING OF HAZARDOUS WASTE IN BOILERS NO. 2 AND NO. 3 WITHOUT AN ADEQUATE WASTE ANALYSIS PLAN FROM AUG. 21, 1991, TO OCT. 1993. COUNT 7 - RESPONDENT VIOLATED 40 C.F.R. SEC. 265.15(B) BY FAILING TO DEVELOP A WRITTEN INSPECTION SCHEDULE FOR ALL MONITORING EQUIPMENT, SAFETY AND EMERGENCY EQUIPMENT, SECURITY DEVICES AND OPERATING AND STRUCTURAL EQUIPMENT. 4. PROPOSED RELIEF IS A PENALTY OF $53,182.00.

Defendants (1)

• WESTVACO CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• WESTVACO CORPORATION

  400 CROSBY ROAD, DERIDDER, LA, 70634

  Registry ID: 110018938239

• WESTVACO CORPORATION

  400 CROSBY ROAD, DERIDDER, LA, 70634

  Registry ID: 110018938239

• WESTVACO CORPORATION

  400 CROSBY ROAD, DERIDDER, LA, 70634

  Registry ID: 110018938239

• WESTVACO CORPORATION

  400 CROSBY ROAD, DERIDDER, LA, 70634

  Registry ID: 110018938239

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• WESTVACO CORPORATIONentered 1994-10-11

  Primary law: RCRA

  Federal penalty: $30,782

Timeline (5 milestones)

• 1994-06-30Enforcement Action Data Entered
• 1994-06-30Complaint Filed/Proposed Order
• 1994-10-11Final Order Issued
• 1994-10-14Compliance Achieved
• 1995-01-04Enforcement Action Closed