EPA v. AUSTIN SCULPTURE

Case summary

1. SUBTITLE C OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928 AND 31 TEXAS ADMINISTRA- TIVE CODE (TAC) SECTION 335.1. 2. AUSTIN SCULPTURE 9107 AUSTIN DRIVE PHARR, HIDALGO COUNTY, TEXAS 78577 3. RESPONDENT WAS IN VIOLATION OF SECTION 3010(A) BY FAILING TO PROVIDE NOTIFICATION TO EPA OF HAZARDOUS WASTE ACTIVI- TY PRIOR TO TRANSPORTATION, TREATMENT, STORAGE OR DISPOS- AL OF SUCH WASTE AND IN VIOLATION OF RCRA 3003 BY FAILING TO LIST ON MANIFEST USED BY AUSTIN TO IMPORT HAZARDOUS WASTE: 1) IMPORTER'S CORRECT NAME AND ADDRESS AND THE NAME AND ADDRESS OF THE FOREIGN GENERATOR ON MANIFEST #00820561 DATED 05/30/95, AND 2) IMPORTER'S CORRECT NAME AND ADDRESS ON MANIFESTS #00368034 DATED 02/17/95, #00864692 DATED 02/14/95, #00820673 DATED 03/29/95, #00573203 DATED 11/15/94, #00368472 DATED 09/09/94, #00368362 DATED 04/11/94, #00368432 DATED 06/28/94, #00299028 DATED 12/08/93, #00105082 DATED 08/18/93, AND #00067232 DATED 04/14/93. 4. RELIEF SOUGHT PURSUANT TO THE VOLUNTARY SELF-POLICING AND SELF-DISCLOSURE INTERIM POLICY, EPA DETERMINED, AFTER RE- VIEWING THE DOCUMENT DISCLOSING THE VIOLATIONS, THE MEA- SURES TAKEN TO CORRECT THE VIOLATIONS, AND THE PLAN TO PREVENT FUTURE VIOLATIONS, NOT TO PURSUE ANY ACTION OR ASSESS ANY PENALTY AGAINST THE RESPONDENT.

Defendants (1)

• AUSTIN SCULPTURENamed in complaintNamed in settlement

Facilities (1)

• AUSTIN SCULPTURE

  9107 AUSTIN DR, PHARR, TX, 78577

  Registry ID: 110005166471

Statutes cited

• RCRA 3010A — Res Conserv & Rec Act
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste

Enforcement conclusions (1)

• AUSTIN SCULPTURE

  Primary law: RCRA

Timeline (4 milestones)

• 1995-07-28Complaint Filed/Proposed Order
• 1995-11-02Enforcement Action Data Entered
• 1995-11-02Final Order Issued
• 1995-11-02Enforcement Action Closed