EPA v. PRIDE REFINING, INC.

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SEC. 6901 ET SEQ., AS A- MENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. 2. PRIDE REFINING, INC. STATE HIGHWAY 277, 7 MILES NORTH OF ABILENE ABILENE, TX. 79604 FACILITY ID NO. TXD005964598 REGISTERED AGENT FOR SERVICE: R.J. SCHUMACHER 500 CHESTNUT ABILENE, TX. 79604 3. RESPONDENT WAS IN VIOLATION OF SECTION 3005(A) OF RCRA BY FAILING TO TIMELY SUBMIT AN AMENDED PART A PERMIT APPLI- CATION ON SEPT. 25, 1990, SECTION 3005(E) OF RCRA BY FAILING TO PROPERLY CERTIFY COMPLIANCE WITH TC LOIS FOR GROUND-WATER MONITORING, 40 C.F.R. SEC. 265.91(A) BY FAILING TO IMPLEMENT AN ADEQUATE GROUND-WATER MONITORING PROGRAM, 40 C.F.R. SEC. 265.112(D)(3) BY FAILING TO SUB- MIT A CLOSURE PLAN BY OCT. 10, 1991, 15 DAYS AFTER TERM- INATION, 40 C.F.R. SEC. 265.143(E)(5) BY FAILING TO SUB- MIT UPDATED FINANCIAL TEST INFORMATION WITHIN 90 DAYS AF- TER THE CLOSE OF EACH SUCCEEDING FISCAL YEAR, 40 C.F.R SEC. 268.7(A)(7) BY FAILING TO MAINTAIN LAND DISPOSAL RE- STRICTION NOTICES FOR 9 SHIPMENTS FOR AT LEAST 5 YEARS, 40 C.F.R. SEC. 268.7(A)(1) BY SHIPPING HAZARDOUS WASTE WITHOUT MANIFESTS AND LAND DISPOSAL RESTRICTION NOTICES, 40 C.F.R. SEC. 265.16 FAILING TO PROVIDE PERSONNEL TRAIN- ING AND AN ANNUAL REVIEW OF THE INITIAL TRAINING REQUIR- ED, 40 C.F.R. SECS. 265.15(B)(1) AND 265.15(D) BY FAILING TO INSPECT THE FACILITY, 40 C.F.R. SEC. 265.174 BY FAIL- ING TO CONDUCT WEEKLY INSPECTIONS AND SECTION 3010 OF RCRA BY FAILING TO NOTIFY THE EXECUTIVE DIRECTOR IN WRIT- ING OF ANY CLOSURE ACTIVITY OR ACTIVITY OF FACILITY EX- PANSION NOT AUTHORIZED BY PERMIT, AT LEAST 90 DAYS PRIOR TO CONDUCTING SUCH ACTIVITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRAWITH A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO CERTIFY COMPLIANCE WITH ALL APPLICABLE GROUND-WATER MONITORING AND FINANCIAL ASSURANCE RESPONSIBILITY REQUIREMENTS IN WRITTEN FORM, SUBMIT AN AMENDED PART A PERMIT APPLICATION WITHIN 30 DAYS, SUBMIT A GROUND-WATER MONITORING PLAN, SUBMIT DOCUMENTATION SHOWING FINANCIAL ASSURANCE FOR CLO- SURE OF FACILITY ESTABLISHED, SUBMIT AND IMPLEMENT A CLO- SURE PLAN FOR WASTEWATER PONDS, RETAIN ON-SITE A COPY OF ALL LAND DISPOSAL RESTRICTION NOTICES, CERTIFICATIONS, DEMONSTRATIONS, WASTE ANALYSIS DATA, AND OTHER DOCUMENTA- TIONS FOR 5 YEARS OF WASTE THAT IS SUBJECT OF THIS DOCUM- ENTATION, NOTIFY IN WRITING THE TREATMENT OR STORAGE FAC- ILITY USING MANIFESTS AND LAND DISPOSAL RESTRICTION NO- TICES, PROVIDE DOCUMENTATION OF SUCCESSFUL PERSONNEL TRA- INING, PROVIDE DOCUMENTATION SHOWING A WRITTEN SCHEDULE FOR INSPECTING ALL MONITORING EQUIPMENT, IN WRITING, NOT- IFY THE EXECUTIVE DIRECTOR OF ANY CLOSURE ACTIVITY OR AC- TIVITY OF FACILITY EXPANSION NOT AUTHORIZED BY PERMIT AND SHALL NOT CAUSE, SUFFER, ALLOW, OR PERMIT THE COLLECTION, HANDLING, STORAGE, PROCESSING, OR DISPOSAL OF INDUSTRIAL SOLID WASTE OR MUNICIPAL HAZARDOUS WASTE IN SUCH A MANNER SO AS TO CAUSE IMMINENT THREAT. ALSO A CIVIL PENALTY OF $552,744.00 IS ASSESSED.

Defendants (1)

• PRIDE REFINING, INC.Named in complaintNamed in settlement

Facilities (2)

• PRIDE REFINING INCORPORATED

  1209 N 4TH, ABILENE, TX, 79604

  Registry ID: 110000619260

• PRIDE REFINING INCORPORATED

  1209 N 4TH, ABILENE, TX, 79604

  Registry ID: 110000619260

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• PRIDE REFINING, INC.entered 1997-01-31

  Primary law: RCRA

  Federal penalty: $92,000

Timeline (6 milestones)

• 1994-03-31Complaint Filed/Proposed Order
• 1994-09-16Enforcement Action Data Entered
• 1996-11-13Administrative Hearing
• 1997-01-31Final Order Issued
• 1999-12-31Compliance Achieved
• 2001-02-02Enforcement Action Closed