EPA v. BJ SERVICES COMPANY, U.S.A.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. 6901 ET SEQ. 2. BJ SERVICES COMPANY, U.S.A. 2708 WEST COUNTY ROAD HOBBS, LEA COUNTY, NEW MEXICO 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY STORING HAZARDOUS WASTE IN THE SAND TRAP TANK, THE SEPA- RATION TANKS, AND THE EMPTY DRUM STORAGE AREA WITHOUT A PERMIT, AND BY FAILING TO MAKE A HAZARDOUS WASTE DETERMI- NATION OF THE MATERIAL LOCATED IN THE THREE SEPARATION TANKS AND THE DRUMS IN THE EMPTY DRUM STORAGE AREA. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $85,774 AND A COMPLIANCE OR- DER. THE ORDER REQUIRES THE RESPONDENT TO: 1. NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE COMPLAINT, CERTIFY TO EPA AND NMED THAT A HAZARDOUS WASTE DETERMI- NATION HAS BEEN MADE OF THE WASTE MATERIAL BEING STORED IN THE SAND TANK TRAP, THE SEPARATION TANKS, AND THE EMPTY DRUM STORAGE AREA AND HAS BEEN DISPOSED OF AC- CORDING TO REGULATIONS, 2. NOT LATER THAN 30 DAYS AFTER THE RECEIPT OF THE COM- PLAINT, THE RESPONDENT SHALL CERTIFY ALL TANKS THAT ARE STORING HAZARDOUS WASTE OR WILL STORE HAZARDOUS WASTE FOR LESS THAN 90 OR 180 DAYS AS APPLICABLE AS MEETING REQUIREMENTS, 3. NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE COMPLAINT, RESPONDENT SHALL INFORM EPA AND NMED OF ITS CURRENT HAZARDOUS WASTE MANAGEMENT STATUS WITH A REPORT AND A GENERATOR NOTIFICATION FORM, AND 4. RESPONDENT SHALL CERTIFY THAT ALL WASTES GENERATED AND/OR STORED FOR LESS THAN 90 DAYS OR 180 DAYS AS AP- PLICABLE AT THE FACILITY WILL BE PROPERLY CHARACTERIZED AS FAR AS ITS HAZARDOUS OR NON-HAZARDOUS CHARATERISTIC.

Defendants (1)

• BJ SERVICES COMPANY, U.S.A.Named in complaintNamed in settlement

Facilities (4)

• BJ SERVICES CO. HOBBS BLEND PLANT

  2708 W. COUNTY RD., HOBBS, NM, 88240

  Registry ID: 110007020534

• BJ SERVICES CO. HOBBS BLEND PLANT

  2708 W. COUNTY RD., HOBBS, NM, 88240

  Registry ID: 110007020534

• BJ SERVICES CO. HOBBS BLEND PLANT

  2708 W. COUNTY RD., HOBBS, NM, 88240

  Registry ID: 110007020534

• BJ SERVICES CO. HOBBS BLEND PLANT

  2708 W. COUNTY RD., HOBBS, NM, 88240

  Registry ID: 110007020534

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• BJ SERVICES COMPANY, U.S.A.entered 1996-07-01

  Primary law: RCRA

  Federal penalty: $3,452

Timeline (4 milestones)

• 1996-07-01Enforcement Action Data Entered
• 1996-07-01Complaint Filed/Proposed Order
• 1996-07-01Final Order Issued
• 2002-08-06Enforcement Action Closed