EPA v. ENVIRO-CHEM, INC.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. ENVIRO-CHEM, INC. 821 1/2 WEST MARYLAND HOBBS, LEA COUNTY, NEW MEXICO 88240 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STAT- US AND FOR FAILING TO ADEQUATELY MAKE HAZARDOUS WASTE DE- TERMINATIONOF MATERIAL LOCATED IN THE SHOP SUMP AND THE WASTE TOTE TANK. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $10,911 AND HAS ISSUED A COM- PLIANCE ORDER REQUIRING THE RESPONDENT TO: 1) NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE COMPLAINT, THE RESPOND- ENT SHALL CERTIFY THAT A HAZARDOUS WASTE DETERMINATION OF THE WASTE MATERIAL LOCATED IN SHOP SUMP, THE WASTE TOTE TANK, AND ANY OTHER HAZARDOUS WASTE BEING GENERATED. HAS BEEN MADE IN ACCORDANCE TO REGULATIONS, AND 2) NOT MORE THAN 30 DAYS AFTER RECEIPT OF THE COMPLAINT, RESPONDENT SHALL CERTIFY THAT ALL HAZARDOUS WASTE LOCATED IN THE SHOP SUMP, WASTE TOTE TANK, AND ALL OTHER HAZARDOUS WASTE GENERATED BY THE RESPONDENT HAS BEEN DISPOSED PURSUANT TO SUBTITLE C OF RCRA, AND 3) NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE COMPLAINT, THE RESPONDENT SHALL CERTIFY THAT ALL HAZARDOUS WASTE OBSERVED IN THE SHOP SUMP AND THE WASTE TOTE TANK DURING THE INSPECTION HAS BEEN RE- MOVED AND LAWFULLY TRANSPORTED AND DISPOSED UNDER SUB- TITLE C AND NEITHER THE SHOP SUMP NOR THE WASTE TOTE TANK WILL BE USED BY THE RESPONDENT FOR THE MANAGEMENT OF HAZ- ARDOUS WASTE.

Defendants (1)

• ENVIRO-CHEM, INC.Named in complaintNamed in settlement

Facilities (1)

• ENVIRO-CHEM INC

  921 W MARLAND ST, HOBBS, NM, 882406420

  Registry ID: 110010761229

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)

• ENVIRO-CHEM, INC.entered 1996-06-25

  Primary law: RCRA

  Federal penalty: $911

Timeline (4 milestones)

• 1996-06-25Enforcement Action Data Entered
• 1996-06-25Complaint Filed/Proposed Order
• 1996-06-25Final Order Issued
• 1996-07-22Enforcement Action Closed