EPA v. K & B MACHINE WORKS, INC., A LOUISIANA CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. K & B MACHINE WORKS, INC., A LOUISIANA CORPORATION 3238 GRAND CAILLOU ROAD, STATION 1, BOX 10265 HOUMA, TERREBONNE PARISH, LOUISIANA 70360 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY COUNT I: FAILURE TO MEET CONDITIONS FOR STORAGE PERMIT , COUNT II: FAILURE TO PREPARE AND SUBMIT ANNUAL REPORTS, COUNT III: FAILURE TO SUBMIT NOTIFICATION OF HAZARDOUS WASTE ACTIVITY, COUNT IV: FAILURE TO LABEL USED OIL CON- TAINERS, COUNT V: FAILURE TO MAKE HAZARDOUS WASTE DETER- MINATION, AND COUNT VI: FAILURE TO MANIFEST OFF-SITE HAZ- ARDOUS WASTE. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $52,000 AND ISSUED A COMPLI- ANCE ORDER TO THE RESPONDENT. THE RESPONDENT IS REQUIRED, UPON RECEIPT OF THE COMPLAINT, TO: 1) CLEARLY LABEL OR MARK ALL HAZ. WASTE STORAGE CONTAINER(S) WITH HAZARDOUS WASTE , 2) MARK ALL HAZ. WASTE STORAGE CONTAINERS WITH THE ACCUMULATION DATE, 3) KEEP ALL CONTAINERS CLOSED EX- CEPT FOR ADDING OR REMOVING WASTE, 4) DEVELOP AND MAIN- TAIN AN ADEQUATE CONTINGENCY PLAN, 5) PROVIDE THE PLAN TO LOCAL FIRE AND POLICE DEPTS., HOSPITALS, AND EMERGENCY RESPONSE TEAMS, 6) FAMILIARIZE LOCAL FIRE AND POLICE DEPTS., HOSPITALS, AND EMERGENCY RESPONSE TEAMS WITH THE LAYOUT OF THE FACILITY AND ASSOCIATED WASTE, 7) PROVIDE AND DOCUMENT A HAZ. WASTE TRAINING PROGRAM FOR PERSONNEL WHO MANAGE HAZ. WASTE, 8) COMPLY WITH LDEQ'S ANNUAL RE- PORTING REQUIREMENTS, 9) WITHIN 30 DAYS OF RECEIPT OF COMPLAINT, SUBMIT AND/OR REVISE A NOTIFICATION OF REGULA- TED WASTE ACTIVITY TO EPA, 10) WITHIN 60 DAYS RECEIPT OF THE COMPLAINT, SUBMIT A COPY OF ITS NOTIFICATION OF RE- GULATED WASTE ACTIVITY FORM AND A COPY OF NOTIFICATION OF REGULATED WASTE ACTIVITY VERIFICATION ASSIGNING THE FACILITY A EPA I.D. NUMBER, 11) CLEARLY LABEL OR MARK ALL USED OIL STORAGE CONTAINER(S) WITH USED OIL , 12) MAKE A HAZ. WASTE DETERMINATION, INCLUDING USED OIL, FOR THE FA- CILITY, 13) ENSURE COMPLIANCE TO MAIFEST HAZ. WASTE OFF- SITE FOR TREATMENT, STORAGE, OR DISPOSAL, AND 14) WITHIN 30 DAYS UPON RECEIPT OF THE COMPLAINT, SUBMIT TO EPA A WRITTEN CERTIFICATION THAT ACTIONS 1 THROUGH 13 HAS BEEN COMPLETED.

Defendants (1)

• K & B MACHINE WORKS, INC.Named in complaintNamed in settlement

Facilities (1)

• K & B MACHINE WORKS

  3238 GRAND CAILLOU RD, HOUMA, LA, 70363

  Registry ID: 110010698245

Statutes cited

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

Enforcement conclusions (1)

• K & B MACHINE WORKS, INC.entered 1997-12-30

  Primary law: RCRA

  Federal penalty: $13,075

Timeline (5 milestones)

• 1997-12-30Complaint Filed/Proposed Order
• 1997-12-30Final Order Issued
• 1998-01-05Enforcement Action Data Entered
• 1999-08-30Compliance Achieved
• 1999-08-30Enforcement Action Closed