EPA v. NICOLAUS PAPER, INC., A DELAWARE CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A) ET SEQ. 2. NICOLAUS PAPER, INC., A DELAWARE CORPORATION 139 JOE BROWN ROAD LOCKPORT, LAFOURCHE PARISH, LOUISIANA 70374 3. RESPONDENT WAS IN VIOLATION OF SECTION 3005(A) OF RCRA BY 1) OPERATING A HAZARDOUS WASTE STORAGE UNIT, THE NORTH DRUM STORAGE AREA, WITHOUT A PERMIT OR INTERIM STATUS, AND 2) FAILING TO LABEL USED OI CONTAINERS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $9,800 FOR THE VIOLATIONS CITED. EPA SLSO ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: 1) UPON RECEIPT OF THE COMPLAINT, ENSURE COMPLIANCE TO KEEP ALL HAZ. WASTE STORAGE DRUMS CLOSED, EXCEPT WHEN ADDING OR REMOVING WASTE, 2) UPON RECEIPT OF COMPLAINT, ENSURE ITS COMPLIANCE TO MAINTAIN HAZ. WASTE STORAGE DRUMS IN GOOD CONDITION, INCLUDING ENSURING THE INTEGRITY OF THE INNER LINER OF DRUMS IS MAINTAINED, 3) UPON RECEIPT OF COMPLAINT, ENSURE ITS COMPLIANCE TO IN- SPECT THE HAZ. WASTE STORAGE CONTAINERS WEEKLY, 4) UPON RECEIPT OF COMPLAINT, ENSURE ITS COMPLIANCE TO PROVIDE SECONDARY CONTAINMENT SYSTEM FOR HAZ. WASTE STORAGE DRUMS, 5) UPON RECEIPT OF COMPLAINT, ENSURE ITS COMPLI- ANCE TO LABEL OR MARK ALL HAZ. WASTE STORAGE DRUMS WITH HAZARDOUS WASTE , 6) UPON RECEIPT OF COMPLAINT, ENSURE ITS COMPLIANCE TO MARK ALL DRUMS WITH THE ACCUMULATION START DATE, 7) UPON RECEIPT OF COMPLAINT, ENSURE ITS COM- PLIANCE TO CLEARLY LABEL OR MARK ALL USED OIL STORAGE DRUMS WITH USED OIL , 8) UPON RECEIPT OF COMPLAINT, EN- SURE ITS COMPLIANCE TO MAINTAIN AISLE SPACE BETWEEN HAZ. WASTE STORAGE DRUMS, AND 9) WITHIN 30 DAYS RECEIPT OF COMPLAINT, SUBMIT TO EPA, A WRITTEN CERTIFICATION THAT ACTIONS 1 THROUGH 8 HAVE BEEN COMPLETED AS REQUIRED.

Defendants (1)

• NICOLAUS PAPER, INC.Named in complaintNamed in settlement

Facilities (1)

• VALENTINE PAPER INCORPORATED

  139 JOE BROWN ROAD, LOCKPORT, LA, 70374

  Registry ID: 110000449195

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• NICOLAUS PAPER, INC.entered 1997-12-30

  Primary law: RCRA

  Federal penalty: $2,450

Timeline (5 milestones)

• 1997-12-30Complaint Filed/Proposed Order
• 1997-12-30Final Order Issued
• 1998-01-05Enforcement Action Data Entered
• 2001-03-06Compliance Achieved
• 2001-03-06Enforcement Action Closed