EPA v. DIXIE ELECTRO PLATING

Case summary

1. SECTION 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ). 2. DIXIE ELECTRO PLATING 3001 ENGLEKE STREET HOUSTON, HARRIS COUNTY, TEXAS 77003 3. EPA HAS IDENTIFIED CHROMIUM CONTAMINATION IN SOILS OF THE RESIDENTIAL NEIGHBORHOOD ADJACENT TO THE DIXIE FACILITY. EVIDENCE OF THE CONTAMINATION WAS PRESENTED TO DIXIE'S REPRESENTATIVES, WHO ACKNOWLEDGED THAT THE SOURCE OF THE CHROMIUM IS FROM HISTORIC OPERATION AND STORM WATER RUN- OFF FROM DIXIE'S FACILITY. THE LEVEL OF CHROMIUM IN THE 300 BLOCK OF ENNIS STREET MAY CONSTITUTE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT PURSUANT TO SECTION 7003 OF RCRA. CONSEQUENTLY, IT IS THE AGENCY'S GOAL TO EXPEDI- TIOUSLY REMEDIATE THOSE SURFACE SOILS AND UNPAVED ROADS SO AS TO LIMIT THE EXPOSURE TO THE LOCAL POPULATION TO HAZARDOUS WASTE CONSTITUENTS, SPECIFICALLY CHROMIUM. DIXIE REPRESENTATIVES INDICATED THAT THEY ARE WILLING TO PROMPTLY UNDERTAKE REMEDIATION OF THE CONTAMINATED RESID- ENTIAL AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 7003 OF RCRA, EPA WILL REQUIRE THE RESPONDENT TO 1) PAVE THE 300 BLOCK OF ENNIS STREET IN ACCORDANCE WITH THE STANDARDS OF ROAD CONSTRUC- TION USED BY THE CITY OF HOUSTON, TX. WITHIN 3 WEEKS RE- CEIPT OF THE LETTER, 2) SOILS CONTAINING GREATER THAN 210 MG/KG TOTAL CHROMIUM WILL BE EXCAVATED TO LEVELS LESS THAN 210 MG/KG OR A DEPTH OF 2 FEET, 3) WHERE SOILS ARE REMOVED, BACKFILL WITH CLEAN SOIL AND SOD OR HYDRO MULCH, 4) WORK SHALL BEGIN ON RESIDENCES CURRENTLY OCCUPIED AND PROCEED TO UNOCCUPIED RESIDENCES, THEN VACANT LOTS WITHIN 2 WEEKS AFTER PAVING OF ENNIS STREET, 5) SUBMIT PLANS AND SPECIFICATIONS TO EPA FOR APPROVAL BY OCT. 30, 1997 TO PREVENT CHROMIUM CONTAMINATED STORM WATER FROM EXITING THE FACILITY AND ELIMINATE CHROMIUM CONTACT WITH STORM WATER, 6) THIS WORK SHALL BEGIN WITHIN 6 MONTHS AFTER RE- CEIVING EPA'S APPROVAL, 7) CONSTRUCT S RETAINING WALL ON THE WEST SIDE OF THE FACILITY TO PREVENT STORM WATER FROM RUNNING OFF-SITE ONTO ENNIS STREET, 8) DISPOSE OF ALL WASTES GENERATED IN THIS PROJECT ACCORDING TO REGULAT- TIONS, AND 9) SEND TO EPA, A LETTER SIGNED BY THE PRESI- DENT OF THE COMPANY, WITHIN 2 WEEKS OF RECEIPT OF THIS LETTER, ACKNOWLEDGING AND REITERATING THE CONDITIONS A- GREED ON AND ABIDING BY.

Defendants (1)

• DIXIE ELECTRO PLATINGNamed in complaintNamed in settlement

Facilities (1)

• DIXIE ELECTRO PLATING COMPANY INCORPORATED

  3001 ENGELAKE, HOUSTON, TX, 77003

  Registry ID: 110000739087

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (2)

• Dixie Electroplatingentered 1998-10-01

  Primary law: RCRA

• DIXIE ELECTRO PLATINGentered 1997-06-16

  Primary law: RCRA

Timeline (4 milestones)

• 1997-06-16Complaint Filed/Proposed Order
• 1997-07-22Enforcement Action Data Entered
• 1998-10-01Final Order Issued
• 1998-10-01Enforcement Action Closed