EPA v. FORMOSA PLASTICS CORPORATION

Case summary

1. SECTION 3008(A) OF THE SOLID WASTE DISPOSAL ACT, AS A- MEMDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT AND THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984, 42 U.S.C. SEC. 6901 ET. SEQ. ( RCRA ). 2. FORMOSA PLASTICS CORPORATION P.O. BOX 400 POINT COMFORT, TEXAS 77978 FACILITY ID NO. TXT490011293 3. RESPONDENT HAS VIOLATED THE REGULATIONS OF SUBTITLE C OF RCRA BY COUNT 1: FAILURE TO SUBMIT A PART A AND PART B PERMIT, COUNT 2: FAILURE TO PREPARE AND FOLLOW A WASTE PLAN ANALYSIS, COUNT 3: FAILURE TO MAKE AN ADEQUATE HAZ- ARDOUS WASTE DETERMINATION, COUNT 4: FAILURE TO USE AND MAINTAIN CONTAINERS WHICH ARE STURDY, LEAKPROOF AND WILL NOT BE DETERIORATED BY THEIR CONTENTS AND ARE OF SUFFI- CIENT STRENGTH AND CONSTRUCTION, COUNT 5: FAILURE TO MAINTAIN AN INSPECTION LOG AND TO KEEP RECORDS OF INSPEC- TIONS FOR AT LEAST 3 YEARS AFTER THE DATE OF THE INITIAL INSPECTION, COUNT 6: FAILURE TO DEVELOP AND FOLLOW A WRITTEN SCHEDULE OF INSPECTIONS OF OPERATING EQUIPMENT, SECURITY DEVICES, AND OPERATING AND STRUCTURAL EQUIPMENT USED FOR PREVENTION, DETECTION, OR RESPONSE DETECTION TO HUMAN HEALTH HAZARDS, COUNT 7: FAILURE TO COMPLY WITH TRAINING REQUIREMENTS, COUNT 8: FAILURE TO DEVELOP A WRITTEN CLOSURE PLAN, COUNT 9: FAILURE TO DEMONSTRATE FINANCIAL ASSURANCE FOR CLOSURE, AND COUNT 10: FAILURE TO OBTAIN A WRITTEN TANK INTEGRITY ASSESSMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $8,331,500 AND A COMPLIANCE OR- DER REQUIRING THE RESPONDENT TO CORRECT THE VIOLATIONS STATED IN THE COMPLAINT.

Defendants (1)

• FORMOSA PLASTICS CORPORATIONNamed in complaintNamed in settlement

Facilities (6)

• FORMOSA PLASTICS CORP

  INTX OF HWY 35 & FM 1593, POINT COMFORT, TX, 77978

  Registry ID: 110018925957

• FORMOSA PLASTICS CORP

  INTX OF HWY 35 & FM 1593, POINT COMFORT, TX, 77978

  Registry ID: 110018925957

• FORMOSA PLASTICS CORP

  INTX OF HWY 35 & FM 1593, POINT COMFORT, TX, 77978

  Registry ID: 110018925957

• FORMOSA PLASTICS CORP

  INTX OF HWY 35 & FM 1593, POINT COMFORT, TX, 77978

  Registry ID: 110018925957

• FORMOSA PLASTICS CORP

  INTX OF HWY 35 & FM 1593, POINT COMFORT, TX, 77978

  Registry ID: 110018925957

• FORMOSA PLASTICS CORP

  INTX OF HWY 35 & FM 1593, POINT COMFORT, TX, 77978

  Registry ID: 110018925957

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• FORMOSA PLASTICS CORPORATIONentered 1991-02-27

  Primary law: RCRA

  Federal penalty: $3,375,000

Timeline (5 milestones)

• 1990-10-03Enforcement Action Data Entered
• 1990-10-03Complaint Filed/Proposed Order
• 1991-02-27Final Order Issued
• 1991-03-23Compliance Achieved
• 1991-03-23Enforcement Action Closed