EPA v. AEROVOX INCORPORATED

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. AEROVOX INCORPORATED, A DELAWARE CORPORATION 9C FOUNDERS BLVD. EL PASO, EL PASO COUNTY, TEXAS 79906 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO MODIFY THE NOTIFICATION OF REGULATED WASTE AC- TIVITY FORM FOR A CHANGE IN QUANTITY OF HAZARDOUS WASTE GENERATED 2) FAILING TO INCLUDE INFORMATION REQUIRED ON THE LAND DISPOSAL RESTRICTION FORM, AND 3) FAILING TO RE- TAIN COPIES OF LAND DISPOSAL RESTRICTION NOTIFICATIONS ON-SITE FOR FIVE YEARS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $4,800 AND ISSUED A COMPLI- ANCE ORDER REQUIRING THE RESPONDENT TO 1) WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THE ORDER, SUBMIT TO EPA A CORRECTED COPY OF THE NOTIFICATION OF REGULATED WASTE ACTIVITY NOTIFYING TYPE OF GENERATOR AND INCLUDING ALL WASTE CODES FOR HAZ. WASTE GENERATED, 2) NO LATER THAN 30 DAYS OF THE ORDER, SUBMIT TO EPA A WRITTEN NOTIFICATION CERTIFYING THAT THE LAND DISPOSAL RESTRICTION NOTIFICA- TION FOR AEROVOX FACILITIES ARE BEING KEPT ON-SITE FOR 5 YEARS, AND 3) SUBMIT TO EPA A WRITTEN REPORT STATING AND EXPLAINING THE EFFORTS TAKEN TO ENSURE THAT THE LAND DIS- POSAL RESTRICTION FORM ACCOMPANYING EACH HAZ. WASTE SHIP- MENT WILL BE COMPLETE AS REQUIRED.

Defendants (1)

• AEROVOX INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• AEROVOX INCORPORATED

  9C FOUNDERS BLVD., EL PASO, TX, 79906

  Registry ID: 110000821406

Statutes cited

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

Enforcement conclusions (1)

• AEROVOX INCORPORATEDentered 1997-09-08

  Primary law: RCRA

  Federal penalty: $4,800

Timeline (5 milestones)

• 1997-08-28Complaint Filed/Proposed Order
• 1997-09-08Final Order Issued
• 1997-09-08Compliance Achieved
• 1997-09-16Enforcement Action Closed
• 1997-09-19Enforcement Action Data Entered