EPA v. TUCKER'S KERR-MCGEE

Case summary

1. SECTION 9006 OF THE SOLID WASTE DISPOSAL ACT, 42 U.S.C. SEC. 6991E ( SWDA ). 2. TUCKER'S KERR-MCGEE JUNCTION HIGHWAY U.S. 65 AND AR 330 CHOCTAW, ARKANSAS 72028 3. RESPONDENT WAS IN VIOLATION OF SECTION 9003 OF THE SWDA BY 1) FAILURE TO NOTIFY THE IMPLEMENTING AGENCY AT LEAST 30 DAYS BEFORE BEGINNING PERMANENT CLOSURE, 2) FAILURE TO EMPTY AND CLEAN FOUR TANKS BY REMOVING ALL LIQUIDS AND ACCUMULATED SLUDGES AT THE FACILITY, 3) FAILURE TO MEA- SURE FOR THE PRESENCE OF A RELEASE WHERE CONTAMINATION IS MOST LIKELY TO BE PRESENT AT THE UST SITE BEFORE CLOSURE WAS COMPLETED, AND FAILURE TO MAINTAIN REQUIRED RECORDS DEMONSTRATING THAT THE PERMANENT CLOSURE REQUIREMENTS WERE CONDUCTED. 4. RELIEF SOUGHT PURSUANT TO SECTION 9006 OF THE SWDA, EPA ISSUES A COMPLIANCE ORDER REQUIRING THE RSPONDENT TO 1) CONDUCT A SITE ASSESSMENT AND SUBMIT A WRITTEN REPORT TO EPA AND ADPC&E OF THE RESULTS, 2) COMPLY WITH THE CORREC- TIVE ACTION REQUIREMENTS REQUIRED BY ADPC&E, AND 3) SUB- MIT ALL AVAILABLE DOCUMENTATION TO EPA AND ADPC&E VERIFY- ING THAT THE TANKS WERE REMOVED AND THEIR RESIDUES DIS- POSED AS REQUIRED OR INDICATE LOCATION WHERE THE TANKS AND RESIDUES WERE DISPOSED. ALSO, A PENALTY OF $23,314.00 IS PROPOSED.

Defendants (1)

• WINSTON TUCKERNamed in complaintNamed in settlement

Facilities (1)

• TUCKER'S KERR-MCGEE

  JUNCTION HWY US 65 AND AR 330, CHOCTAW, AR, 72028

  Registry ID: 110010699075

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• TUCKER'S KERR-MCGEEentered 1996-10-02

  Primary law: RCRA

  Federal penalty: $2,300

Timeline (5 milestones)

• 1994-10-20Enforcement Action Data Entered
• 1994-10-20Complaint Filed/Proposed Order
• 1996-10-02Final Order Issued
• 1996-12-05Compliance Achieved
• 1996-12-05Enforcement Action Closed