EPA v. FORMOSA PLASTICS CORPORATION, TEXAS

Case summary

1. SECTION 3008(H) OF THE SOLID WASTE DISPOSAL ACT ( RCRA ), AND FURTHER AMENDED BY THE HAZARDOUS AND SOLID WASTE A- MENDMENTS OF 1984, 42 U.S.C. SEC. 6928(H). 2. FORMOSA PLASTICS CORPORATION, TEXAS P.O. BOX 400 POINT COMFORT, TEXAS 77978 FACILITY ID NO. TXT490011293 3. RESPONDENT BEGAN CONSTRUCTION OF THE FACILITY IN JUN., 1980 AND BEGAN OPERATION IN DEC., 1982. PURSUANT TO RCRA SECTION 3010, THE RESPONDENT HAS FILED THE NOTIFICATION REQUIRED OF GENERATORS OF HAZARDOUS WASTE. AS PART OF ITS FACILITY, RESPONDENT OWNS AND OPERATES A WASTEWATER TREATMENT SYSTE. THE SYSTEM IS DESIGNED TO TREAT SPENT PROCESS WATER PRIOR TO DISCHARGE. RESPONDENT HAS NOT OPERATED ITS FACILITY WITHOUT UPSET OR ACCIDENT DURING THE TENURE OF ITS OPERATION AT ITS POINT COMFORT PRODUCTION FACILITY. THERE HAS BEEN A RELEASE OF HAZARDOUS WASTE AND HAZARDOUS WASTE CONSTITUENTS INTO THE ENVIRONMENT FROM THE FACILITY WHICH CONSTITUENTS A POTENTIAL THREAT OF HARM TO HUMAN HEALTH AND THE ENVIRONMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(H), EPA ISSUED AN ADMINISTRATIVE ORDER ON CONSENT TO THE RESPONDENT. THE INTERIM MEASURES AND COMPREHENSIVE CORRECTIVE ACTIONS RE- QUIRED BY THIS ORDER ARE CONSISTENT WITH RCRA AND ARE NECESSARY TO ACERTAIN THE NATURE AND EXTENT OF THE RE- LEASE AT THE FACILITY, AND ARE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. THE RESPONDENT IS ORDERED TO PERFORM THE FOLLOWING ACTIONS: A. CORRECTIVE ACTION 1. ACCELERATED RCRA INVESTIGATION (ARFI) 2. INTERIM MEASURES (IM) 3. RCRA FACILITY INVESTIGATION 4. CORRECTIVE MEASURES STUDY 5. CORRECTIVE MEASURES IMPLEMENTATION (CMI) B. SAMPLING C. REPORTING AND PUBLIC ACCESS TO DOCUMENTS D. FACILITY ACCESS E. RECORD PRESERVATION F. FINANCIAL ASSURANCE G. DISPUTE RESOLUTION H. REIMBURSEMENT OF OVERSIGHT COSTS

Defendants (1)

• FORMOSA PLASTICS CORPORATION, TEXASNamed in complaint

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 3008H — Interim Status Corrective Action Order

Timeline (3 milestones)

• 1991-02-27Complaint Filed/Proposed Order
• 1991-02-27Final Order Issued
• 1995-06-27Enforcement Action Data Entered