EPA v. CARDELL CABINETS, INC.

Case summary

1. SECTION 3008(A) OF THE RESOURCE, CONSERVATION AND RECOV- ERY ACT OF 1976 ( RCRA ), 42 U.S.C. SEC. 6928 ET SEQ. 2. B. J. TIDWELL CARDELL CABINETS, INC. 3215 NORTH PAN AM EXPRESSWAY SAN ANTONIO, TEXAS 78220-0850 FACILITY ID. TXD085154359 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO LABEL CONTAINERS, 2) FAILING TO PROPERLY MAN- AGE CONTAINERS, 3) INADEQUATE PERSONNEL TRAINING AND TRAINING RECORDS, 4) FAILING TO MAINTAIN ADEQUATE CON- TINGENCY PLAN, 5) INSUFFICIENT AISLE SPACE, 6) OPERATING A HAZARDOUS WASTE STORAGE AND DISPOSAL FACILITY WITHOUT A PERMIT, 7) FAILING TO COMPLY WITH THE 55 GALLON RULE, AND 8) LAND DISPOSAL OF RESTRICTED WASTES. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A PENALTY OF $774,065 FOR THE ALLEGED VIOLATIONS AND A COMPLIANCE ORDER TO CORRECT THE ALLEGED VIOLATIONS. THE COMPLIANCE ORDER REQUIRES THE RESPONDENT TO 1) PROP- ERLY LABEL ALL CONTAINERS AND THE REMOVAL OF ALL VOLUMES OF HAZARDOUS WASTE EXCEEDING 55 GALLONS FROM ACCULUMATION AREAS, 2) WITHIN 30 DAYS SUBMIT EVIDENCE OF SUFFICIENT AISLE SPACE FOR INSPECTION AND EMERGENCY RESPONSE, 3) IMMEDIATELY CEASE ALL UNAUTHORIZED DISCHARGES OR SPILLS OF HAZARDOUS MATERIALS AND SUBMIT A PLAN AND SCHEDULE TO DESCRIBE THE ACTIONS THE RESPONDENT WILL TAKE TO DEFINE THE NATURE AND EXTENT OF CONTAMINATION, REMEDIAL ACTION AND IMPLEMENTATION OF THE PLAN, 4) WITHIN 30 DAYS SUBMIT EVIDENCE OF PROCEDURES TO ENSURE ALL CONTAINERS ARE KEPT CLOSED IN ALL AREAS, 5) WITHIN 30 DAYS, DEVELOP AND SUB- MIT A PLAN, THAT ADEQUATE PERSONNEL TRAINING PROGRAMS, ANNUAL TRAINING FOR FACILITY PERSONNEL AND RECORDS OF SUCH TRAINING ARE IMPLEMENTED, 6) WITHIN 30 DAYS, SUBMIT EVIDENCE THAT THE CONTINGENCY PLAN HAS BEEN AMENDED, AND 7) WITHIN 30 DAYS, DEVELOP AND SUBMIT, EVIDENCE OF PRO- CEDURES INSTITUTED TO INSURE THE FACILITY IS INSPECTED WEEKLY FOR MALFUNCTIONS AND DETERIORATION, OPERATOR ER- RORS, OR UNAUTHORIZED DISCHARGES.

Defendants (1)

• CARDELL CABINETS, INC.Named in complaintNamed in settlement

Facilities (2)

• CARDELL CABINETS INCORPORATED SAN ANTONIO FACILITY

  3215 N PAN AM EXPRESSWAY, SAN ANTONIO, TX, 78219

  Registry ID: 110000464783

• CARDELL CABINETS INCORPORATED SAN ANTONIO FACILITY

  3215 N PAN AM EXPRESSWAY, SAN ANTONIO, TX, 78219

  Registry ID: 110000464783

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)

• CARDELL CABINETS, INC.entered 1993-04-22

  Primary law: RCRA

  Federal penalty: $175,000

Timeline (5 milestones)

• 1990-09-28Enforcement Action Data Entered
• 1990-09-28Complaint Filed/Proposed Order
• 1993-04-22Final Order Issued
• 1995-10-03Compliance Achieved
• 1995-10-03Enforcement Action Closed