EPA v. SBA SHIPYARDS

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. SBA SHIPYARDS END OF HIGHWAY 3166 JENNINGS, JEFFERSON DAVIS PARISH, LOUISIANA 70546 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCAR BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STAT- US, DISPOSING OF HAZARDOUS WASTE WITHOUT A PERMIT OR IN- TERIM STATUS, AND TREATING HAZARDOUS WASTE WITHOUT A PER- MIT OR INTERIM STATUS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO A) NO LATER THAN 10 DAYS AFTER RECEIPT OF THE COMPLAINT, CEASE DEPOSITING SOLID WASTE FROM THE BARGE CLEANING OP- ERATION INTO ANY SURFACE IMPOUNDMENTS, PIT OR THE GROUND AT THE FACILITY, B) NO LATER THAN 60 DAYS AFTER RECEIPT OF COMPLAINT, SUBMIT A PLAN TO LDEQ, SUBJECT TO APPROVAL OF LDEQ AND FOR COMMENTS BY EPA, FOR THE CLOSURE OF ALL SOLID WASTE MANAGEMENT UNITS AT THE FACILITY, AND UPON APPROVAL OF THE PLAN BY LDEQ, IMMEDIATELY BEGIN CLOSURE OF ALL SUCH UNITS, C) CEASE ALL SOILD WASTE LAND FARMING ACTIVITIES AT THE FACILITY, D) NO LATER THAN 30 DAYS AF- TER RECEIPT OF THE COMPLAINT, CERTIFY THAT ALL TANKS USED TO STORE HAZARDOUS WASTE OR WHICH WILL BE USED TO STORE HAZARDOUS WASTE FOR LESS THAN 90 DAYS CURRENTLY MEET RE- QUIREMENTS, AND E) NO LATER THAN 30 DAYS AFTER RECEIPT OF COMPLAINT, INFORM EPA AND LDEQ OF RESPONDENT'S CURRENT HAZARDOUS WASTE MANAGEMENT STATUS BY SUBMISSION OF A RE- PORT AND A RCRA GENERATOR NOTIFICATION FORM. EPA ALSO PROOSES A CIVIL PENALTY OF $27,133 FOR THE AL- LEGED VIOLATIONS IN THE COMPLAINT.

Defendants (1)

• SBA SHIPYARDSNamed in complaintNamed in settlement

Facilities (2)

• SBA SHIPYARDS INC

  9040 CASTEX LANDING, JENNINGS, LA, 70546

  Registry ID: 110007306986

• SBA SHIPYARDS INC

  9040 CASTEX LANDING, JENNINGS, LA, 70546

  Registry ID: 110007306986

Statutes cited

• RCRA 3005E — Res Conserv & Rec Act

Enforcement conclusions (1)

• SBA SHIPYARDSentered 1997-09-10

  Primary law: RCRA

Timeline (4 milestones)

• 1997-07-01Complaint Filed/Proposed Order
• 1997-07-03Enforcement Action Data Entered
• 1997-09-10Final Order Issued
• 2009-08-24Enforcement Action Closed