EPA v. CHIEF SUPPLY CORPORATION

Case summary

1. SECTION 7003(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6973. 2. CHIEF SUPPLY CORPORATION, A SUBSIDIARY OF CLEAN AMERICA CORPORATION, A DELAWARE CORPORATION. ROUTE 2 BOX 71 HASKELL, MUSKOGEE COUNTY, OKLAHOMA 74436 3. ON MAR. 26, 1997, AN EXPLOSION AND FIRE OCCURRED AT THE FACILITY. THE FIRE RESULTED IN THE DEATH OF ONE OF RE- SPONDENT'S EMPLOYEES, AND INJURIES TO TWO OTHER EMPLOY- EES. THE HANDLING, STORAGE, TREATMENT, OR TRANSPORTATION SOLID WASTE OR HAZARDOUS WASTE AT THE FACILITY MAY HAVE CREATED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT. RESPONDENT HAS NOT MAINTAINED AND OPERATED THE FACILITY TO MINIMIZE THE POSSIBILITY OF A FIRE, EXPLOSION, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS WASTE CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRON- MENT. THERE IS OR HAS BEEN A RELEASE OF HAZARDOUS WASTES, HAZ- ARDOUS WASTE CONSTITUENTS, AND /OR SOLIDS INTO THE EN- VIRONMENT FROM THE FACILITY. RESPONDENT'S FAILURE TO MANAGE HAZARDOUS WASTE AND/OR SOLID WASTE AND OPERATE THE FACILITY TO MINIMIZE THE POS- SIBILTY OF A FIRE, AND THE SUBSEQUENT RELEASES OF HAZARD- OUS WASTES AND/OR SOLID WASTS FROM THE FACILITY, PRESENTS OR MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT. RESPONDENT HAS CONTRIBUTED TO THE HANDLING AND STORAGE OF SOLID WASTE 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(A) OF RCRA, EPA, IN ORDER TO ABATE OR PREVENT ANY IMMINENT OR SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH AND THE ENVIRONMENT, ISSUED AN ADMINISTRATIVE ORDER (AO) ORDRING THE RESPONDENT TO UNDERTAKE, CONTINUE TO TAKE, AND COMPLETE THE ACTIONS STATED IN THE AO TO THE SATISFACTION OF EPA AND THE OKLA. DEPT. OF ENVIRONMENTAL QUALITY ( ODEQ ). RESPONDENT SHALL ALSO PERFORM SUCH ACTIVITIES NECESSARY TO SECURE THE SOL- ID WASTE AND HAZARDOUS WASTE PRESENTLY AT THE FACILITY TO PREVENT FIRES, EXPLOSIONS, OR RELEASES OF SOLID WASTE AND HAZARDOUS WASTE. THE RESPONDENT SHALL PERFORM THESE ACT- IONS : 1. IMMEDIATELY AFTER EFFECTIVE DATE OF THE AO, CEASE AND DESIST OPERATION, OR SHALL NOT RESME OPERATION IF CUR- RENTLY INACTIVE, OF THE FUEL BLENDING PROCESS, INCLUD- ING THE FUEL DISPERSAL UNITS AT THE FACILITY, UNTIL AUTHORIZED BY EPA AND ODEQ. 2. WITHIN 14 DAYS AFTER EFFECTIVE DATE OF AO, SUBMIT A REPORT TO EPA AND ODEQ FOR REVIEW AND APPROVAL, WHICH DETAILS THE FACILITY OPERATIONS PRIOR TO THE FIRE ON MAR. 26, 1997, INCLUDING, BUT NOT LIMITED TO, WASTES RECEIVED, COMPATIBILITY TESTING DONE, FACILITY PROCESS EQUIPMENT CONDITION AND STATUS, ACTIONS TAKEN IMMEDI- ATELY PRIOR TO THE FIRE, ETC. 3. REPORT SPECIFIED ABOVE SHALL ALSO DETERMINE THE CAUSE OR CAUSES OF THE FIRE. IF NO DETERMINATION MADE, THEN THE REPORT SHALL IDENTIFY THE MOST LIKELY CAUSE(S). THE REPORT SHALL ALSO RECOMMEND STEPS TO BE TAKEN TO PREVENT OR MINIMIZE THE POTENTIAL FOR ANY FUTURE FIRES OR EXPLOSIONS. 4. PRIOR TO RESUMING FUEL BLENDING ACTIVITIES, RESPONDENT SHALL UNDERTAKE, OR CONTINUE TO TAKE THE APPROVED RE- COMMENDATIONS TO PREVENT OR MINIMIZE THE POTENTIAL FOR FUTURE FIRES OR EXPLOSIONS TO

Defendants (1)

• CHIEF SUPPLY CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• CHIEF CHEMICAL & SUPPLY INCORPORTED

  ROUTE 2 BOX 71, HASKELL, OK, 74436

  Registry ID: 110006113614

• CHIEF CHEMICAL & SUPPLY INCORPORTED

  ROUTE 2 BOX 71, HASKELL, OK, 74436

  Registry ID: 110006113614

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• CHIEF SUPPLY CORPORATIONentered 1997-05-27

  Primary law: RCRA

Timeline (4 milestones)

• 1997-05-27Complaint Filed/Proposed Order
• 1997-05-27Final Order Issued
• 1997-06-09Enforcement Action Data Entered
• 2002-01-29Enforcement Action Closed