EPA v. KESSLER INDUSTRIES, INC.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. KESSLER INDUSTRIES, INC., A TEXAS CORPORATION 8600 GATEWAY EAST BLVD. EL PASO, EL PASO COUNTY, TEXAS 79907 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO DETERMINE WHETHER THE SOLID WASTE GENERATED AT RESPONDENT'S FACILITY WAS A HAZ. WASTE, 2) STORING AND OFFERING FOR DISPOSAL HAZ. WASTE (TOLUENE, BUTANONE, LEAD AND CHROMIUM AT ELEVATED LEVELS) AT THE FACILITY WITHOUT A PERMIT OR INTERIM STATUS, 3) OFFERING HAZ. WASTE FOR TRANSPORTATION OFF-SITE FOR DISPOSAL BY FACILITIES NOT AUTHORIZED BY EPA TO TRANSPORT OR DISPOSE OF HAZ. WASTE., 4) FAILING TO PROVIDE TO EAP A NOTIFICATION OF HAZ. WASTE ACTIVITY AT RESPONDENT'S FACILITY, 5) FAILING TO PREPARE THE HAZ. WASTE SHIPMENT MANIFEST, AND 6) FAILING TO DE- TERMINE IF ITS SOLID WASTE WAS SUBJECT TO THE LAND BAN REQUIREMENTS AND PROVIDING THE WRITTEN REQUIRED NOTIFICA- TION REGARDING WASTE ANALYSIS FOR WASTE SUBJECT TO THE LAND DISPOSAL REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $51,000 AND ISSUED A COMPLI- ANCE TO THE RESPONDENT. THE ORDER REQUIRES THE RESPONDENT TO: 1) IMMEDIATELY CEASE UNAUTHORIZED STORAGE, TRANSPORT- ATION, AND DISPOSAL OF HAZ. WASTE, 2) NO LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE ORDER, REMOVE, TRANSPORT, AND DISPOSE OF THE HAZ. WASTE DISCOVERED AT THE FACILITY ACCORDING TO LAW AND REGULATIONS, 3) NO LA- TER THAN 30 DAYS OF THE ORDER, SUBMIT TO EPA AND TRNCC AN ACCURATE AND COMPLETE NOTIFICATION OF HAZ. WASTE ACTIVITY FORM, 4) NO LATER THAN 30 DAYS OF THE ORDER, SUBMIT TO EPA AND TNRCC A PART A PERMIT APPLICATION, 5) NO LATER THAN 30 DAYS OF THE ORDER, DEVELOP AND IMPLEMENT A WRIT- TEN WASTE ANALYSIS PLAN DESCRIBING PROCEDURES FOR COMPLI- ANCE AND PROVIDE EPA WITH A COPY OF THE PLAN WITH THE RE- QUIRED INFORMATION, 6) NO LATER THAN 30 DAYS OF THE ORDER PROVIDE DOCUMENTATION TO EPA AND TNRCC THAT THE EL PASO FACILITY HAS DEVELOPED AND FOLLOWED A WRITTEN SCHEDULE FOR INSPECTING ALL MONITORING, SAFETY, AND EMERGENCY E- QUIPMENT, SECURITY DEVICES, AND OPERATING AND STRUCTURAL EQUIPMENT, 7) NO LATER THAN 30 DAYS OF THE ORDER, PROVIDE DOCUMENTATION SHOWING FACILITY PERSONNEL HAVE COMPLETED A PROGRAM OF CLASSROOM INSTRUCTION OR ON THE JOB TRAINING TO PERFORM THEIR DUTIES TO ENSURE COMPLIANCE, 8) NO LATER THAN 30 DAYS OF THE ORDER, PROVIDE A COPY TO EPA AND TNRCC OF THE CONTINGENCY PLAN, 9) NO LATER THAN 30 DAYS OF THE ORDER, SUBMIT TO EPA AND TRNCC A PLAN DOCUMENTING 1) ALL HAZ. WASTE IN CONTAINERS WILL BE ACCUMULATED ON- SITE FOR 90-DAYS OR LESS WITHOUT A PERMIT OR INTERIM STA- TUS, AND 2) THE WASTE PLACED IN CONTAINERS COMPLIES WITH REGULATIONS, AND 10) NO LATER THAN 30 DAYS OF THE ORDER, HAVE ON-SITE A COPY OF ALL MANIFESTS, LAND DISPOSAL RE- STRICTION NOTICES, CERTIFICATIONS, DEMONSTRATIONS, WASTE ANALYSIS DATA, AND OTHER DOCUMENTATION PRODUCED FOR A LEAST 5 YEARS.

Defendants (1)

• KESSLER INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• KESSLER INDUSTRIES INCORPORATED

  8600 GATEWAY E., EL PASO, TX, 79907

  Registry ID: 110000466237

• KESSLER INDUSTRIES INCORPORATED

  8600 GATEWAY E., EL PASO, TX, 79907

  Registry ID: 110000466237

Statutes cited

• RCRA 3005E — Res Conserv & Rec Act
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3010A — Res Conserv & Rec Act

Enforcement conclusions (1)

• KESSLER INDUSTRIES, INC.entered 1998-12-21

  Primary law: RCRA

  Federal penalty: $44,500

Timeline (5 milestones)

• 1997-09-12Complaint Filed/Proposed Order
• 1997-09-22Enforcement Action Data Entered
• 1998-12-21Final Order Issued
• 2000-12-04Compliance Achieved
• 2001-02-20Enforcement Action Closed