EPA v. NORTH AMERICAN SHIPBUILDING, LLC

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, 42 U.S.C. SECTION 6928. 2. NORTH AMERICAN SHIPBUILDING, LLC 800 INDUSTRIAL PARK ROAD LAROSE, LAFOURCHE PARISH, LOUISIANA 70373 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO MEET THE EXEMPTION REQUIREMENTS OF NINETY DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS, 2) FAIL- ING TO LABEL USED OIL CONTAINER, AND 3) FAILING TO PRE- PARE AND IMPLEMENT AN ADEQUATE SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: 1) UPON RECEIPT OF THE COMPLAINT, ENSURE THAT EACH CONTAINER BE LABELLED AND CLEARLY MARKED WITH HAZARDOUS WASTE VISIBLE FOR INSPECTION WITH ACCUMULATION DATES, 2) UPON RECEIPT, ESTABLISH AND MAINTAIN ADEQUATE AISLE SPACE IN THE CONTAINER STORAGE AREA, 3) UPON RECEIPT, ESTABLISH AND MAINTAIN RECORDS DOCUMENTING EMPLOYEE TRAINING IN HAZARDOUS WASTE PROCEDURES RELEVANT TO THEIR JOB DUTIES, 4) UPON RECEIPT, UPDATE ITS CONTINGENCY PLAN TO INCLUDE A LIST OF ALL EMERGENCY EQUIPMENT AND ITS LOCATION AT THE FACILITY, 5) IF NOT COMPLYING WITH ACTIONS 1 THROUGH 4, IMMEDIATELY CEASE STORAGE FOR ALL HAZARDOUS WASTE UNTIL A PART A PERMIT HAS BEEN APPLIED AND OBTAINED, 6) UPON RE- CEIPT, LABEL ALL USED OIL TANK(S) AND/OR CONTAINERS, 7) UPDATE ITS SPCC PLAN TO INCLUDE TRAINING, AN ACCOUNTABLE PERSON FOR SPILL PREVENTION AND HAVE REGULAR BRIEFINGS TO DISCUSS SPILL PREVENTION, 8) HAVE THE UPDATED SPCC PLAN REVIEWED AND CERTIFIED BY A PROFESSIONAL ENGINEER, 9) WITHIN 90 DAYS OF RECEIPT, SUBMIT TO EPA A WRITTEN CERTI- FICATION THAT ACTIONS 1 THROUGH 8 HAS BEEN COMPLETED AS IS REQUIRED, AND 10) WITHIN 180 DAYS AFTER RECEIPT, SUB- MIT TO EPA, FOR REVIEW AND COMMENT, ITS UPDATED SPCC PLAN. EPA ALSO PROPOSES A CIVIL PENALTY OF $21,375.

Defendants (1)

• NORTH AMERICAN SHIPBUILDING, LLCNamed in complaintNamed in settlement

Facilities (2)

• NORTH AMERICAN SHIPBUILDING LLC

  800 INDUSTRIAL PARKROAD, LAROSE, LA, 70373

  Registry ID: 110000846648

• NORTH AMERICAN SHIPBUILDING LLC

  800 INDUSTRIAL PARKROAD, LAROSE, LA, 70373

  Registry ID: 110000846648

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• NORTH AMERICAN SHIPBUILDING, LLCentered 1997-08-22

  Primary law: RCRA

  Federal penalty: $21,375

Timeline (5 milestones)

• 1997-08-22Complaint Filed/Proposed Order
• 1997-08-22Final Order Issued
• 1997-08-25Enforcement Action Data Entered
• 1997-09-22Compliance Achieved
• 1998-04-28Enforcement Action Closed