EPA v. ENCYCLE/TEXAS, INC.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. ENCYCLE/TEXAS , INC., A WHOLLY OWNED SUDSIDIARY OF ASARCO 5500 UPRIVER ROAD CORPUS CHRISTI, NUECES COUNTY, TEXAS 3. ENCYCLE/TEXAS, INC., A WHOLLY OWNED SUBSIDIARY OF ASARCO INC., IS LOCATED AT 5500 UPRIVER ROAD ON THE TEXAS GULF COAST IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TX. ENCYCLE RECEIVES RCRA LISTED AND CHARACTERISTIC HAZARDOUS WASTES, WASTES WHICH ARE ALLEGEDLY EXEMPT FOR RCRA PUR- SUANT TO THE BEVILL AMENDMENT, AND INDUSTRIAL NON-HAZARD- OUS WASTES. ENCYCLE CLAIMS TO PRODUCE VARIOUS PRODUCTS FROM THESE MATERIALS WHICH ARE SHIPPED TO SMELTERS THROUGHOUT THE U.S. AND SOME FOREIGN COUNTRIES FOR METALS RECLAMATION. WHILE ENCYCLE HAS A RCRA STORAGE PERMIT, THE FACILITY HAS NEVER RECEIVED A RCRA HAZARDOUS WASTE TREAT- MENT PERMIT BECAUSE THE COMPANY CLAIMS THAT ITS OPERA- TIONS CONSTITUTE EXEMPT RECYCLING. SPECIFICALLY, ENCYCLE CLAIMS THAT ITS PRODUCTS ARE USED AS EFFECTIVE SUBSTI- TUTES FOR COMMERCIAL PRODUCTS PURSUANT TO 40 CFR SECTION 261.2(E)(II), AND THEREFORE, THE PRODUCTS ARE NOT DE- FINED AS SOLID OR HAZARDOUS WASTE UNDER RCRA. THE VIOLATIONS ALLEGED IN THIS REFERRAL FALL INTO TWO CATEGORIES: (1) VIOLATIONS OF ENCYCLE'S STORAGE PERMIT; AND (2) CONSTITUTE REGULATED TREATMENT, NOT RECYCLING. THE ALLEGED VIOLATIONS ARE: 1. FAILURE TO INCLUDE THE MANIFEST NUMBER ASSOCIATED WITH THE SHIPMENT OF WASTE. 2. FAILURE TO MAINTAIN HAZARDOUS WASTE CONTAINER IN GOOD CONDITION. 3. FAILURE TO AMEND THE CONTINGENCY PLAN. 4. FAILURE TO LIST ALL ITEMS TO BE INSPECTED AT EACH UNIT AND COMPONENT ON THE INSPECTION FORMS USED BY THE FA- CILITY FOR INSPECTIONS AS REQUIRED BY THE PERMIT. 5. FAILURE TO MAINTAIN THE NECESSARY PERSONNEL TRAINING DOCUMENTS AT THE FACILITY. 6. FAILURE TO POST LEGEND IN ENGLISH AND LANGUAGE PREDOM- INANT IN AREA SURRONDING THE FACILITY. 7. FAILURE TO TRANSFER WASTE FROM OFF-SITE TRANPORT TRUCKS OR RAILCARS IN AREAS OF THE FACILITY PROVIDED WITH SECONDARY CONTAINMENT. 8. FAILURE TO INSTALL A MONITORING SYSTEM TO CONTINUOUSLY MEASURE AND RECORD AMBIENT AIR CONCENTRATIONS OF HY- DROGEN CYANIDE AND HYDROGEN SULFIDE. 9. FAILURE TO NOTIFY THE RA OF ITS INTENT TO RECEIVE HAZ- ARDOUS WASTE FROM A FOREIGN SOURCE. 10. FAILURE TO COMPLY WITH THE GENERAL WASTE ANALYSIS FOR OFF-SITE HAZARDOUS WASTE. 11. TREATING HAZARDOUS WASTES WITHOUT A PERMIT OR INTERIM STATUS. 12. FAILURE TO COMPLY WITH REQUIREMENTS FOR THE EXPORTING OF HAZARDOUS WASTE. 13. FAILURE TO COMPLY WITH THE PACKAGING, LABELING, MARK- ING AND PLACARDING OF HAZARDOUS WASTE. 14. FAILURE TO COMPLY WITH RECORDKEEPING AND REPORTING. 15. FAILURE TO COMPLY WITH THE REQUIREMENTS FOR IMPORTING HAZARDOUS WASTE. 16. FAILURE TO COMPLY WITH STANDARDS APPLICABLE TO TRANS- PORTERS OF HAZARDOUS WASTE. 17. FAILURE TO CONDUCT WASTE ANALYSIS AND RECORDKEEPING. 18. FAILURE TO COMPLY WITH THE TANK SYSTEMS REQUIREMENTS FOR STORING OR TREATING HAZARDOUS WASTE IN TANKS. 19. FAILURE TO COMPLY WITH THE MANIFESTING REQUIREMENTS. 20. FAILURE TO COMPLY WITH GENERAL INSPECTION REQUIRE- MENTS. 21. FAILURE TO COMPLY WITH THE A

Defendants (2)

• ASARCO, INC.Named in complaintNamed in settlement
• ENCYCLE/TEXAS, INC.Named in complaintNamed in settlement

Facilities (5)

• ASARCO INCORPORATED EL PASO

  2301 W. PAISANO, EL PASO, TX, 799221622

  Registry ID: 110042045550

• ENCYCLE TEXAS INCORPORATED

  5500 UP RIVER RD., CORPUS CHRISTI, TX, 78407

  Registry ID: 110000495278

• ENCYCLE TEXAS INCORPORATED

  5500 UP RIVER RD., CORPUS CHRISTI, TX, 78407

  Registry ID: 110000495278

• ASARCO INCORPORATED AMARILLO COPPER REFINERY

  7901 NORTH HIGHWAY 136, AMARILLO, TX, 791080200

  Registry ID: 110000743955

• ASARCO INCORPORATED EL PASO

  2301 W. PAISANO, EL PASO, TX, 799221622

  Registry ID: 110042045550

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• ENCYCLE/TEXAS, INC. AND ASARCO, INC.entered 1999-10-07

  Primary law: RCRA

  Federal penalty: $3,500,000 · State/local: $2,000,000

Timeline (7 milestones)

• 1997-04-28Referred To Dept Of Justice
• 1997-05-14Enforcement Action Data Entered
• 1999-04-15Complaint Filed With Court
• 1999-10-01Final Order Lodged
• 1999-10-07Final Order Entered
• 1999-10-07Concluded
• 2006-09-15Enforcement Action Closed