EPA v. KOCH REFINING COMPANY

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 ADMENDMENTS OF 1984 ( HSWA ), PUBLIC LAW NO. 98-616, 98 STAT. 3221(1984) 2. KOCH REFINING COMPANY SUNTIDE AND UPRIVER ROAD, NUECES COUNTY CORPUS CHRISTI, TEXAS 78403 REGISTERED AGENT FOR SERVICE: CT CORPORATION REPUBLIC NATIONAL BANK BUILDING DALLAS, TEXAS 75201 3. KOCH REFINING CO. HAS VIOLATED THE REQUIREMENTS OF SUB- TITLE C OF RCRA RELATING TO THE STORAGE OF HAZARDOUS WASTE ON 28 COUNTS OF VIOLATIONS. VIOLATIONS ARE: 1. FAILING TO SAMPLE AND ANALYZE THE API AND DAF WASTE IN THE THIRD PERMIT YEAR. 2. FAILING TO SUBMIT THE REQUIRED INFORMATION IN ITS AN- NUAL SITE CATIVITY REPORTS FOR 1989 AND 1990. 3. FAILING TO INCLUDE LTU HAZARDOUS WASTE APPLICATION RATES IN ITS OPERATING RECORD. 4. FAILING TO COLLECT SOIL-CORE SAMPLE DURING DEC. 1990 OF THE THIRD PERMIT YEAR. 5. FAILING TO CONDUCT THE REQUIRED STATISTICAL COMPARI- SONS FOR SOIL-CORE AND SOIL PORE LIQUID SAMPLING. 6. FAILING TO INSTALL A TENSIOMETER WITH EACH LYSIMETER AS REQUIRED. 7. FAILING TO MAKE A DETERMINATION AS TO WHICH ONE OF FOUR LISTED SCENARIOS APPLIED TO THE RESULTS OF THE RECONNAISSANCE SOIL-PORE LIQUID SAMPLING COMPARED TO BACKYARD SAMPLES. 8. FAILING TO COLLECT GROUND WATER SAMPLES WITHIN THE FIRST 30 DAYS OF THE THIRD QUARTER OF THE THIRD PERMIT YEAR. 9. FAILING TO REPEAT THE ANALYSES AND STATISTICAL TESTS AS REQUIRED. 10. FAILING TO DETERMINE THE CONCENTRATION INCREASES WITHIN 45 DAYS OF THE JUNE 1989 SAMPLING EVENT. 11. FAILING TO SUBMIT THE RI REPORT TO TWC WITHIN 60 DAYS OF COMPLETION OF THE INVESTIGATIONS. 12. ALLOWING THE DISCHARGE OF HAZARDOUS WASTWATER, USED OIL AND PRODUCTS TO THE SOILS AND THE SURFACE WATER. 13. PLACING LAND RESTRICTED WASTE ON LAND TREATMENT UNIT #2. 14. PROCESSING, STORING AND/OR DISPOSING OF HAZARDOUS WASTE IN TANK FA-512 WITHOUT A PERMIT OR INTERIM STA- TUS. 15. PROCESSING, STORING AND/OR DISPOSING OF HAZARDOUS WASTE IN THE EQUALIZATION BASIN/ STORMWATER BASIN WITHOUT A PERMIT OR INTERIM STATUS. 16. FAILING TO MAINTAIN THE CONDITION OF THE HAZARDOUS WASTE CONTAINERS. 17. FAILING TO KEEP CONTAINERS CLOSED DURING STORAGE. 18. FAILING TO LABEL ONE CONTAINER WITH THE WORDS HAZ- ARDOUS WASTE , AND FAILING TO LABEL 6 CONTAINERS WITH THE DATE THE PERIOD OF ACCUMULATION BEGAN. 19. FAILING TO AMEND ITS CLOSURE PLAN WITHIN THE TIME SPECIFIED AFTER THE UNEXPECTED EVENT HAD OCCURRED AND PRIOR TO CLOSURE OF A HAZARDOUS WASTE UNIT. 20. FAILING TO OBTAIN A WRITTEN ASSESSMENT REVIEWED BY A REGISTERED PROFESSIONAL ENGINEER ATTESTING THAT THE TANK DESCRIBED HAS SUFFICIENT STRUCTURAL INTEGRITY AND IS ACCEPTABLE FOR THE STORING AND TREATING OF HAZARDOUS WASTE. 21. FAILING TO HAVE ADEQUATE SECONDARY CONTAINMENT THAT MEETS THE REQUIREMENTS OF 40 C.F.R SEC. 265.193(B). 22. FAILING TO HAVE A SPILL AND

Defendants (1)

• KOCH REFINING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KOCH PETROLEUM GROUP L P CC WEST REFINERY

  2825 SUNTIDE ROAD, CORPUS CHRISTI, TX, 78409

  Registry ID: 110000504918

Statutes cited

• TSCA 16 — Toxic Sub Control Act
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• KOCH REFINING COMPANYentered 1996-02-16

  Primary law: RCRA

  Federal penalty: $575,000

Timeline (5 milestones)

• 1992-09-29Complaint Filed/Proposed Order
• 1994-09-26Enforcement Action Data Entered
• 1996-02-16Final Order Issued
• 1996-03-25Compliance Achieved
• 1996-03-25Enforcement Action Closed