EPA v. UNITED STATES MARINE, INC.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. UNITED STATES MARINE, INC., A LOUISIANA CORPORATION 19807 CHEF MENTEUR HIGHWAY NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70129A 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION, 2) FAIL- URE TO MEET SMALL QUANTITY GENERATORS REQUIREMENTS, AND 3) DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF 28,500 AND ISSUED A COMPLI- ANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RE- SPONDENT TO 1) UPON RECEIP OF THE COMPLAINT INSURE ALL CONTAINERS OF HAZ. WASTE ARE LABELED OR CLEARLY MARKED WITH THE WORDS HAZARDOUS WASTE AND VISIBLE FOR INSPECT- ION, 2) UPON RECEIPT OF THE COMPLAINT, ESTABLISH AND MAINTAIN SECONDARY CONTAINMENT SYSTEM FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S), 3) UPON RECEIPT OF THE COM- PLAINT, DEVELOP A WRITTEN EMERGENCY RESPONSE PLAN, 4) UP- ON RECEIPT OF COMPLANT, DEVELOP AND DOCUMENT A PERSONNEL TRAINING PROGRAM, 5) MAKE HAZ. WASTE DETERMINATIONS ON ALL SOILD WASTES GENERATED AT THE FACILITY, 6) CEASE DIS- POSING OF HAZ. WASTE ON THE LAND AND DISPOSE OF ALL HAZ. WASTE IN ACCORDANCE, AND 7) WITHIN 90 DAYS OF RECEIPT OF THE COMPLAINT, SUBMIT TO EPA, A WRITTEN CERTIFICATION THAT ACTIONS 1 THROUGH 6 HAVE BEEN COMPLETED.

Defendants (1)

• UNITED STATES MARINE, INC.Named in complaintNamed in settlement

Facilities (1)

• US MARINE

  19807 CHEF MENTEUR HIGHWAY, NEW ORLEANS, LA, 70129

  Registry ID: 110000449097

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• UNITED STATES MARINE, INC.entered 1997-09-03

  Primary law: RCRA

  Federal penalty: $28,500

Timeline (5 milestones)

• 1997-09-03Complaint Filed/Proposed Order
• 1997-09-03Final Order Issued
• 1997-09-08Enforcement Action Data Entered
• 1997-09-23Compliance Achieved
• 1998-04-28Enforcement Action Closed