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. 4417 LOVINGTON HIGHWAY HOBBS, LEA COUNTY, NEW MEXICO 88240 3. RESPONDENT WAS IN VIOLATION OF SECTION 3005 OF RCRA BY 1) FAILING TO MAKE AN ADEQUATE HAZARDOUS WASTE DETERMINA- TION, 2) FAILING TO CORRECTLY MANIFEST HAZARDOUS WASTE FOR TRANSPORT FOR DISPOSAL, AND 3) DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT. RESPONDENT WAS IN VIOLATION OF 301(A) OF THE CWA BY FAIL- TO APPLY FOR OBTAIN NPDES STORM WATER PERMIT COVERAGE AND FAILING TO DEVELOP OR IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP), EITHER AT THE TIME OF THE NOV. 1996 INSPECTION, OR AT THE TIME OF THE OCT. 1997 MEETING WITH EPA. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 3008(A) OF RCRA AND SECTION 309(G)(1) OF THE CWA, EPA PROPOSES A CIVIL PENAL- TY OF $12,828 FOR THE RCRA VIOLATIONS AND $27,500 FOR THE CWA VIOLATIONS. EPA ALSO ISSUED A COMPLIANCE ORDER RE- QUIRING THE RESPONDENT TO CERTIFY TO EPA THAT ALL MATER- IAL IDENTIFIED DURING THE INSPECTION IN THE WAREHOUSE OUTDOOR STORAGE AREA AND THE WASTE DRUM STORAGE AREA HAVE BEEN PROFILED, MANAGED, OR DISPOSED OF ACCORDING TO ALL APPLICABLE RCRA REGULATIONS. THE ORDER REQUIRES THIS BE DONE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE COM- PLAINT.

Defendants (1)

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

Facilities (1)

• M-I DRILLING FLUIDS LLC

  4417 N LOVINGTON HWY, HOBBS, NM, 882401021

  Registry ID: 110002346925

Statutes cited

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

Enforcement conclusions (1)

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

  Primary law: RCRA

  Federal penalty: $22,828

Timeline (5 milestones)

• 1997-12-31Complaint Filed/Proposed Order
• 1998-01-06Enforcement Action Data Entered
• 1998-03-31Final Order Issued
• 1998-04-16Compliance Achieved
• 1998-05-01Enforcement Action Closed