EPA v. MACKENZIE CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. MACKENZIE CORPORATION, A LOUISIANA CORPORATION 78015 CHEMICAL ROAD BUSH, SAINT TAMMANY PARISH, LOUISIANA 70431 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MAKE AN ADEQUATE HAZARDOUS WASTE DETERMINA- TION, 2) FAILURE TO MEET CONDITIONS OF PERMIT EXEMPTION BY NOT LABELING HAZARDOUS WASTE CONTAINERS AND NOT KEEP- ING HAZARDOUS WASTE CONTAINERS CLOSED, AND 3) FAILURE TO MEET CONDITIONS OF PERMIT EXEMPTION BY NOT LABELING AND PLACING ACCUMULATION DATES ON HAZARDOUS WASTE CONTAINERS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA ISSUED A COMPLIANCE ORDER AND A PROPOSED PENALTY OF $18,750. THE COMPLIANCE ORDER REQUIRES THE RESPONDENT TO 1) IMMEDIATELY MAKE A HAZARDOUS WASTE DETERMINATION OF THE MATERIAL STORED IN TANK 01, LABDRUM 08, LABDRUM 04, AND LABDRUM 05, 2) IMMEDIATELY LABEL CONTAINERS OF HAZ- ARDOUS WASTE STORED AT SATELLITE ACCUMULATION POINTS WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS, 3) IMMEDIATELY LABEL AND STORE CONTAINERS OF HAZARDOUS WASTE LOCATED IN THE LESS THAN NINETY DAY CONTAINER STORAGE AREA INA MANNER IN WHICH THE LABELS AND ACCUMULATION DATES ARE VISIBLE FOR INSPECTION, 4) IMMEDIATELY MAINTAIN CONTAINERS OF HAZARD- OUS WASTE IN A MANNER THAT THE CONTAINERS ARE ALWAYS CLOSED EXCEPT WHEN ADDING OR REMOVING WASTE, AND 5) IF ACTIONS 1 THROUGH 4 ARE NOT IMMEDIATELY TAKEN BY THE FA- CILITY, THEN THE FACILITY SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZARDOUS WASTE UNTIL A PART A PERMIT HAS BEEN OB- TAINED.

Defendants (1)

• MACKENZIE CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• MACKENZIE CORPORATION

  78015 CHEMICAL ROAD, BUSH, LA, 704310000

  Registry ID: 110000794490

• MACKENZIE CORPORATION

  78015 CHEMICAL ROAD, BUSH, LA, 704310000

  Registry ID: 110000794490

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• MACKENZIE CORPORATIONentered 1997-09-05

  Primary law: RCRA

  Federal penalty: $3,750

Timeline (4 milestones)

• 1997-09-05Complaint Filed/Proposed Order
• 1997-09-05Final Order Issued
• 1997-09-08Enforcement Action Data Entered
• 1998-08-20Enforcement Action Closed