EPA v. CORNELIUS DEWITTE LOE, JR.

Case summary

1. SECTION 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6973. 2. CORNELIUS DEWITTE LOE, JR. ROUTE 3 BOX 513A CEMETARY ROAD POTTSBORO, GRAYSON COUNTY, TEXAS 75076 FACILITY: ANCHOR RANCH 3. RESPONDENT OWNS A PROPERTY COMMONLY KNOWN AS ANCHOR RANCH , CONSISTING OF APPROXIMATELY 137 ACRES, LOCATED APPROXIMATELY .3 OF A MILE WEST OF STATE HIGHWAY 120, ON THE SOUTHSIDE OF CEMETARY ROAD, IN GRAYSON COUNTY, NEAR THE CITY OF POTTSBORO, TEXAS. ON OR ABOUT OCT. 23, 1996, THROUGH OCT. 25 1996, EPA CON- DUCTED AN INSPECTION AT ANCHOR RANCH. THE INSPECTION FOUND AND EXCAVATED A TOTAL OF 25 DRUMS FROM THE EXCAVA- TION SITE. SAMPLES COLLECTED FROM THE LIQUID IN 5 OF THE BURIED DRUMS EXHIBITED THE HAZARDOUS WASTE CHARACTERISI- TIC OF IGNITABILITY AND TOXICITY CHARACTERISTIC FOR BEN- ZENE. LIQUID WASTES SAMPLED FROM 2 OF THE DRUMS ALSO EX- HIBITED THOSE CHARACTERISTICS. DURING EXECUTION OF A CRIMINAL SEARCH WARRANT, OCT. 23- 25, 1996, DISTINCT STAINING FROM THE LEAKING DRUMS WAS OBSERVED IN THE EXCAVATION SITE. A PHOTOIONIZING DETECTOR AND FLAME IONIZING DETECTOR WERE USED TO MONITOR THE AM- BIENT AIR CONDITIONS AT THE EXCAVATION SITE. THE FINDINGS SHOWED VOLATILE ORGANIC COMPOUND CONCENTRATIONS. IN A PLEA AGREEMENT, DATED DEC. 19, 1996, THE RESPONDENT PLEADED GUILTY TO THE ALLEGED DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT AUTHORIZING THE DISPOSAL. ACCORDING TO THE SUMMARY OF FACTS, THE DRUMS WERE FULL OR NEARLY FULL WHEN THEY CRUSHED AND BURIED. THE PAST AND/OR PRESENT DISPOSAL AND RELEASE OF HAZARDOUS WASTE, HAZARDOUS CONSTITUENTS, AND/OR SOLID WASTE AT ANCHOR RANCH MAY PRESENT AN IMMINENT AND SUBSTANTIAL EN- DANGERMENT TO HEALTH OR THE ENVIRONMENT. RESPONDENT HAS CONTRIBUTED TO THE HANDLING, STORAGE, AND DISPOSAL OF SOLID WATSE AND/OR HAZARDOUS WASTE WHICH MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH OR THE ENVIRONMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 7003 OF RCRA, EPA IS- SUED AN ADMINISTRATIVE ORDER ON CONSENT (AOC) TO THE RE- SPONDENT TO IDENTIFY, INVESTIGATE, AND PREVENT THE FUR- THER SPREAD AND/OR RELEASE OF HAZARDOUS WASTES, HAZARDOUS CONSTITUENTS AND/OR SOLID WASTE TO THE ENVIRONMENT, AND TO ENSURE THAT CORRECTIVE ACTION ACTIVITIES DEMED NECES- SARY BY EPA BE DESIGNED AND IMPLEMENTED TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT.

Defendants (1)

• CORNELIUS DEWITTE LOE, JR.Named in complaintNamed in settlement

Facilities (1)

• ANCHOR RANCH

  .3 MILE W OF STATE HWY 120, S OF CEMETARY RD, POTTSBORO, TX, 75076

  Registry ID: 110010698557

Statutes cited

• RCRA 7003A — Res Conserv & Rec Act

Enforcement conclusions (1)

• CORNELIUS DEWITTE LOE, JR.entered 1997-05-30

  Primary law: RCRA

Timeline (4 milestones)

• 1997-05-30Complaint Filed/Proposed Order
• 1997-05-30Final Order Issued
• 1997-06-03Enforcement Action Data Entered
• 2001-09-15Enforcement Action Closed