EPA v. M-I DRILLING FLUIDS L.L.C., A DELAWARE LIMITED LIABILITY CO.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. SECTION 309(G)(1) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(1). 2. M-I DRILLING FLUIDS, L.L.C., A DELAWARE LIMITED LIABILITY CO. 499 A.J. ESTAY ROAD PORT FOURCHON, LAFOURCHE PARISH, LOUISIANA 70301 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 3005 AND 3010 OF RCRA BY 1) FAILING TO FILE NOTICE AS A GENERATOR OF HAZ- ARDOUS WASTE, 2) FAILING TO MAKE AN ADEQUATE HAZARDOUS WASTE DETERMINATION, AND 3) FAILING TO DESIGN, CONSTRUCT, MAINTAIN, AND OPERATE THE FACILITY TO MINIMIZE THE RE- LEASE OF HAZARDOUS WASTE. THE RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY FAILING TO APPLY FOR AND OBTAIN NPDES STORM WATER COVERAGE AND DEVELOP OR IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AT THE TIME OF THE NOV. 1996 IN- SPECTION OR AT THE TIME OF THE OCT. 1997 MEETING WITH EPA. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 3008(A) OF RCRA AND 309(G)(1) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $18,445 FOR THE RCRA VIOLATIONS AND $27,500 FOR THE CWA VIOLATIONS, FOR A PROPOSED TOTAL OF $45,945. EPA ALSO IS- SUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: A) NO LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE COMPLAINT, CERTIFY THAT A PERMANENT HAZARDOUS WASTE STOR- AGE AREA HAS BEEN CONSTRUCTED MEETS ALL REQUIREMENTS OF LOUISIANA HAZARDOUS WASTE REGULATIONS, AND 2) WITHIN 30 DAYS OF THE COMPLAINT, CERTIFY THAT RESPONDENT IS IN COM- PLIANCE WITH ALL APPLICABLE PROVISIONS.

Defendants (1)

• M-I DRILLING FLUIDS L.L.C.Named in complaintNamed in settlement

Facilities (1)

• M-I DRILLING FLUIDS LLC

  499 A J ESTAY RD, THIBODAUX, LA, 70301

  Registry ID: 110010723468

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CWA 301A — Clean Water Act
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• M-I DRILLING FLUIDS, L.L.C.entered 1998-03-31

  Primary law: RCRA

  Federal penalty: $28,445

Timeline (5 milestones)

• 1997-12-31Complaint Filed/Proposed Order
• 1998-01-06Enforcement Action Data Entered
• 1998-03-31Final Order Issued
• 1998-05-01Compliance Achieved
• 1998-05-01Enforcement Action Closed