EPA v. BERGERON MARINE SERVICE, INC., A LOUISIANA CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901. 2. BERGERON MARINE SERVICE, INC., A LOUISIANA CORPORATION 3410 JOURDAN ROAD NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70126 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO LABEL AND DATE CONTAINERS; FAILING TO KEEP CONTAINERS CLOSED; FAILING TO CONDUCT WEEKLY INSPECTIONS; FAILING TO HAVE SECONDARY CONTAINMENT; FAILING TO OPERATE PROPERLY; FAILING TO HAVE EMERGENCY EQUIPMENT AND COMMUN- ICATION; FAILING TO MAKE ARRANGEMENTS WITH LOCAL EMERGEN- CY RESPONDERS; FAILING TO HAVE A CONTINGENCY PLAN; FAIL- ING TO HAVE AN EMERGENCY COORDINATOR; FAILING TO HAVE PERSONNEL TRAINING; AND STORING HAZARDOUS WASTE FOR MORE THAN 90 DAYS, 2) GENERATING AND STORING HAZ. WASTE WITH- OUT HAVING NOTIFIED EPA OR LDEQ OF HAZRDOUS WASTE ACTIV- ITY AND WITHOUT HAVING RECEIVED AN ACTIVE EPA I.D. NUM- BER, 3) NOT DETERMINING OF A SOLID WASTE WAS A HAZARDOUS WASTE, 4) NOT HAVING A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN AND BY NOT PRVIDING SPILL PROTECTION FOR AN OIL STORAGE TANK, 5) FAILING TO LABEL THE FIBERGLASS TANK WITH THE WORDS USED OIL , AND 6) FAILING TO LABEL TANKS; FAILING TO PROVIDE A LEAK DETECT- ION SYSTEM; FAILING TO PROVIDE DOCUMENTATION THAT TANKS ARE EMPTIED EVERY 90 DAYS; FAILING TO INSPECT THE TANK SYSTEM EACH OPERATING DAY AND DOCUMENT THOSE INSPECTIONS; AND BY FAILING TO MEET GENERAL FACILITY REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $38,500, AND ISSUED A COMPLI- ANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RE- SPONDENT TO: 1) IMMEDIATELY LABEL ALL HAZ. WASTE STORAGE CONTAINERS WITH THE WORDS HAZARDOUS WASTE , 2) IMMEDI- ATELY MARK ALL HAZ. WASTE STORAGE CONTAINERS WITH THE AC- CUMULATION START DATE' 3) IMMEDIATELY KEEP ALL CONTAINERS CLOSED EXCEPT WHEN NECESSARY TO ADD OR REMOVE WASTE, 4) IMMEDIATELY CONDUCT WEEKLY INSPECTIONS OF HAZ. WASTE CON- TAINER STORAGE AREAS, 5) IMMEDIATELY PROVIDE SECONDARY CONTAINMENT FOR HAZ. WASTE STORAGE AREAS, 6) IMMEDIATELY OPERATE IN MANNER THAT WILL PREVENT RELEASE OF HAZ. WASTES TO THE ENVIRONMENT, 7) IMMEDIATELY CLEAN UP ANY SPILLS OF HAZ. WASTE, 8) IMMEDIATELY PROVIDE AND MAINTAIN EMERGENCY SPILL AND FIRE FIGHTING EQUIPMENT AT HAZ. WASTE STORAGE AREAS, 9) IMMEDIATELY PROVIDE INTERNAL COMMUNICA- TIONS OR ALARM SYSTEMS CAPABLE OF PROVIDING IMMEDIATE E- MERGENCY INSTRUCTION TO FACILITY PERSONNEL, 10) IMMEDI- ATELY PROVIDE ACCESS TO ALARMS OR EMERGENCY COMMUNICATION FOR PERSONNEL ACTIVITY ENGAGED IN HAZ. WASTE MANAGEMENT, 11) IMMEDIATELY BEGIN A PROGRAM TO ENSURE THAT ALL COM- MUNICATION, ALARM, AND PROTECTION EQUIPMENT IS TESTED AND MAINTAINED TO ASSURE PROPER OPERATION, 12) IMMEDIATELY MAKE ARRANGEMENTS WITH LOCAL FIRE AND POLICE DEPTS., HOS- PITALS, AND EMERGENCY RESPONSE TEAMS TO FAMILIARIZE THEM WITH THE LAYOUT OF THE FACILITY AND ASSOCIATED HAZ. WASTE, 13) IMMEDIATELY DESIGNATE A PRIMARY RESPONDER OR EMERGENCY AUTHORITY, 14) IMMEDIATELY DEVELOP AND MAINTAIN AN ADEQUATE CONTINGENCY PLAN, 15) IMMEDIATELY PROVIDE COPIES OF CONTINGENCY PLAN TO LOCAL FIRE AND POLICE DE- PARTMENTS, HOSPITALS, AND EMERGENCY RESPONSE TEAMS, 16) IMMEDIATELY DESIGNATE AND MAINTAIN AN EMERGENCY COORDINA- TOR, 17) IMMEDIATELY PROVIDE AND DOCUMENT A HAZ. WASTE TRAINING PROGRAM FOR PERSONNEL WHO MANAGE HAZ. WASTE, 18) IMMEDIATELY DOCUMENT AND MAINTAIN JOB TITLE AND WRITTEN JOB DESCRIPTIONS, AND TRAINING FOR PERSONNEL HANDLE HAZ. WASTE, 19) IMEDIATELY BEGIN MAKING HAZ. WASTE DETERMINA- TIONS ON ALL SOLID WASTES AND USED OIL GENERATED AT THE FACILITY, 20) IMMEDIATELY CEASE

Defendants (1)

• BERGERON MARINE SERVICE, INC.Named in complaintNamed in settlement

Facilities (1)

• BERGERON MARINE SVCS

  3410 JOURDAN RD, NEW ORLEANS, LA, 70186

  Registry ID: 110001274228

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• BERGERON MARINE SERVICES, INC.entered 1997-12-31

  Primary law: RCRA

  Federal penalty: $38,500

Timeline (5 milestones)

• 1997-09-12Complaint Filed/Proposed Order
• 1997-09-22Enforcement Action Data Entered
• 1997-12-31Final Order Issued
• 2002-11-01Enforcement Action Closed
• 2002-11-01Compliance Achieved