EPA v. PHILIPS CONSUMER ELECTRONICS

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928. 2. PHILIPS CONSUMER ELECTRONICS, A SUBSIDIARY OF PHILIPS ELECTRONICS NORTH AMERICA, A DELAWARE CORPORATION 1330-M GOODYEAR EL PASO, EL PASO COUNTY, TEXAS 79936 12435 ROJAS DRIVE EL PASO, EL PASO COUNTY, TEXAS 79936 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO COMPLETE HAZARDOUS WASTE SHIPMENT MANIFESTS FOR THE GOODYEAR FACILITY, 2) FAILING TO IDENTIFY THE CORRECT FOREIGN GENERATOR NAME(S) AND ADDRESS ON MANI- FESTS FOR BOTH FACILITIES, 3) FAILING TO RETAIN LAND DIS- POSAL NOTIFICATIONS ON-SITE FOR BOTH FACILITIES, AND 4) FAILING TO FILE AN EXCEPTION REPORT FOR THE GOODYEAR FA- CILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $24,050 AND ISSUED A COMPLIANCE ORDER. THE ORDER REQUIRES THE RESPONDENT TO 1) WITHIN 30 DAYS OF RECEIPT OF ORDER, SUBMIT A WRITTEN CORRECTION OF UHWMS TX00487689 AND TX00487691 TO INCLUDE EPA 12 DIGIT ID NUMBER OF THE FIRST TRANSPORTER OF RESPONDENT'S WASTE, 2) WITHIN 30 DAYS AFTER RECEIPT, SUBMIT, FOR REVIEW AND COMMENT, PROCEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE ALL SUBSEQUENT UHWMS HAVE THE EPA'S 12 DIGIT ID NUMBER OF THE FIRST TRANSPORTER OF RESPONDENT'S WASTE, 3) WITHIN 30 DAYS AFTER RECEIPT, SUBMIT A WRITTEN CORRECTION WHCH PRO- VIDES THE CORRECT FOREIGN GENERATOR'S NAME AND ADDRESS ON THE UHWMS LISTED, 4) WITHIN 30 DAYS AFTER RECEIPT, SUB- MIT, FOR REVIEW AND COMMENT, PROCEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE ALL SUBSEQUENT UHWMS HAVE CORRECT FOREIGN GENERATOR'S NAME AND ADDRESS LISTED, 5) WITHIN 30 DAYS AFTER RECEIPT, SUBMIT A WRITTEN NOTIFICATION CERTI- FYING ALL ITS LDR NOTIFICATIONS FOR BOTH FACILITIES ARE BEING KEPT ON-SITE AT THE ROJAS FACILITY, AND 6) SUBMIT A WRITTEN REPORT STATING AND EXPLAINING EFFORTS TAKEN TO LOCATE THE HAZARDOUS WASTE SHIPMENT TX00643287 TRANSPORT- ED TO THE TREATMENT, STORAGE, AND DISPOSAL FACILITY WHICH WAS NOT CONFIRMED AND RESULTS OF THESE EFFORTS, ALONG WITH A PHOTOCOPY OF THE COMPLETED UHWM.

Defendants (1)

• PHILIPS CONSUMER ELECTRONICSNamed in complaintNamed in settlement

Facilities (2)

• PHILLIPS CONSUMERS ELECTRONICS

  1330-M GOODYEAR, EL PASO, TX, 79936

  Registry ID: 110005012020

• PHILLPIS LIGHTING CO

  12429 ROJAS DR, EL PASO, TX, 79936

  Registry ID: 110005021886

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste

Enforcement conclusions (1)

• PHILIPS CONSUMER ELECTRONCSentered 1997-07-30

  Primary law: RCRA

  Federal penalty: $24,050

Timeline (5 milestones)

• 1997-07-30Complaint Filed/Proposed Order
• 1997-07-30Final Order Issued
• 1997-08-01Enforcement Action Data Entered
• 1998-06-05Compliance Achieved
• 1998-06-05Enforcement Action Closed