EPA v. RUBICON, INC.

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SEC. 6928 ET SEQ. 2. RUBICON, INC. AVENUE E, EAST ASCENSION PARISH GEISMAR, LOUISIANA 70734 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 3004 AND 3005 OF RCRA ON 24 COUNTS, WHICH ARE (1) FAILURE TO PLACE ACCUM- ULATION DATES ON CONTAINERS, (2) FAILURE TO LABEL CON- TAINERS, (3) INADEQUATE CONTAINMENT SYSTEM, (4) FAILURE TO CLOSE CONTAINER, (5) FAILURE TO MAINTAIN ADEQUATE AISLE SPACE, (6) FAILURE TO CLEAN SPILLED MATERIAL IN A TIMELY MANNER, (7) STORAGE WITHOUT A PERMIT, (8) FAILURE TO MAINTAIN ADEQUATE AISLE SPACE, (9) FAILURE TO DEVELOP AND FOLLOW A WRITTEN SCHEDULE OF INSPECTION, (10) FAILURE TO MAINTAIN ADEQUATE INSPECTION LOG, (11) FAILURE TO DOC- UMENT INITIAL TRAINING AND RETAIN RECORDS, (12) FAILURE TO CROSS-REFERENCE WASTES SHIPPED OFF-SITE WITH CORRE- SPONDING MANIFEST IN OPERATING RECORD, (13) FAILURE TO MAINTAIN ADEQUATE SECONDARY CONTAINMENT FOR TANK SYSTEMS, (14) FAILURE TO USE APPROPRIATE CONTROLS AND PRACTICES TO PREVENT SPILLS AND OVERFLOWS, (15) FAILURE TO NOTIFY OF A RELEASE, (16) FAILURE TO HAVE AN ADEQUATE CLOSURE PLAN, (17) FAILURE TO UPDATE WASTE ANALYSIS PLAN, (18) FAILURE TO PROVIDE TREATMENT STANDARD ON NOTIFICATION, (19) FAIL- URE TO RETAIN COPIES OF NOTIFICATIONS, (20) FAILURE TO PLACE ACCUMULATION DATE ON CONTAINER OF RESTRICTED WASTE, (21) OPERATING WITHOUT A PERMIT, (22) IMPROPER DISPOSAL OF AN F-WASTE, (23) FAILURE TO SAMPLE N-1 AND DETECTION WELLS, AND (24) FAILURE TO INSTALL MONITORING WELLS PROP- ERLY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA ISSUES A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO COMPLY WITHIN 30 DAYS OF RECEIPT OF COMPLAINT TO SUBMIT DOCUMENTATION INDICATING (1) THE FACILITY HAS PLACED AC- CUMULATION DATES ON CONTAINERS, (2) RESPONDENT HAS LABEL- LED ALL CONTAINERS HOLDING HAZARDOUS WASTE AND A PLAN TO ENSURE ALL DRUMS ARE MARKED, (3) CRACKS IN THE CONTAIN- MENT SYSTEM ARE REPAIRED, VALVES IN CONTAINMENT SYSTEM REMAIN CLOSED AT ALL TIMES, AND PLAN TO ENSURE THE CON- TAINMENT SYSTEM IS IMPERVIOUS TO LEAKS AND SPILLS, (4) THE FACILITY HAS CLOSED HALF-FULL CONTAINERS AND A PLAN TO ENSURE THAT HAZARDOUS WASTE CONTAINERS ARE ALWAYS CLOSED, (5) THE FACILITY HAS CREATED ADEQUATE AISLE SPACE AND A PLAN TO ENSURE THAT AISLE SPACE IS MAINTAINED, (6) PROVE THAT ALL SPILLS HAVE BEEN CLEANED AND A PLAN TO EN- SURE THAT ALL SPILLS ARE CLEANED A TIMELY MANNER, (7) EN- SURE A STORAGE PERMIT HAS BEEN OBTAINED OR WASTE HAS BEEN DISPOSED AND A PLAN TO ENSURE NO WASTE ACCUMULATES MORE THAN 90 DAYS, (8) THAT THE FACILITY HAS A WRITTEN SCHED- ULE FOR INCINERATOR INSPECTIONS, (9) INDICATE THE FACILI- TY WILL DOCUMENT AND UPDATE ITS INSPECTION LOG CORRECTLY, (10) KEEP RECORDS OF TYPE AND AMOUNT OF INTRODUCTORY TRA- INING, (11) THE FACILITY WILL CROSS-REFERENCE WASTES SHIPPED OFF-SITE WITH CORRESPONDING MANIFESTS, (12) ALL CRACKS AND GAPS IN THE TANK SECONDARY CONTAINMENT AREAS HAVE BEEN PLUGGED OR REPAIRED, (13) THE FACILITY HAS RE- PAIRED THE SAND FILTER TANK AND PUMP SEAL AND A PLAN TO ENSURE THAT THE FACILITY IS USING APPROPRIATE CONTROLS AND PRACTICES TO PREVENT SPILLS AND OVERFLOWS FROM SECON- DARY CONTAINMENT SYSTEMS, (14) A PLAN TO ENSURE NOTIFICA- TION OF A RELEASE IS DONE WITHIN 24 HOURS, (15) INDICATE THAT THE CLOSURE PLAN HAS BEEN REVISED AND A DETAILED DESCRIPTION OF STEPS NEEDED TO REMOVE OR DECONTAMINATE CONTAMINATED EQUIPMENT, (16) A REVISED WASTE ANALYSIS PLAN, (17) A PLAN THAT WILL ENSURE THE FACILITY USES THE TREATMENT STANDARD FOR EVERY COR

Defendants (1)

• RUBICON, INC.Named in complaintNamed in settlement

Facilities (2)

• RUBICON INCORPORATED

  9156 HWY. 75, GEISMAR, LA, 70734

  Registry ID: 110000597373

• RUBICON INCORPORATED

  9156 HWY. 75, GEISMAR, LA, 70734

  Registry ID: 110000597373

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA OTHER — Violations not covered elsewhere
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• RUBICON, INC.entered 1995-04-21

  Primary law: RCRA

  Federal penalty: $450,000

Timeline (5 milestones)

• 1990-12-04Enforcement Action Data Entered
• 1990-12-04Complaint Filed/Proposed Order
• 1995-04-21Final Order Issued
• 1995-06-06Compliance Achieved
• 1995-06-06Enforcement Action Closed