EPA v. BARNETT MARINE SERVICES

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928. 2. BARNETT MARINE SERVICES, A LOUISIANA CORPORATION 2709 CONCORD ROAD BELLE CHASSE, PLAQUEMINES PARISH, LOUISIANA 70037 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MEET THE EXEMPTION REQUIREMENTS OF NINETY DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS (NO PERMIT OR INTERIM STATUS), 2) FAILING TO MEET THE EXEMPTION RE- QUIREMENTS OF NINETY DAYS OR LESS HAZAROUS WASTE STORAGE FOR GENERATORS (NO PERMIT OR INTERIM STATUS), 3) FAILURE TO MAKE A HAZRDOUS WASTE DETERMINATION, AND 4) FAILURE TO NOTIFY OF HAZARDOUS WASTE ACTIVITY AND OBTAIN AN EPA IDENTIFIATION NUMBER. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $28,000 FOR THE VIOLATIONS CITED, AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE COMPLIANCE ORDER REQUIRES THE RESPONDENT, UPON RE- CEIPT OF THE COMPLAINT, TO: A) SUBMIT A NOTIFICATION OF HAZ. WASTE TO THE LDEQ, B) MAKE A HAZARDOUS WASTE DETER- MINATION ON ALL SOLID WASTES GENERATED AT ITS FACILITY, C) ENSURE ALL CONTAINERS OF HAZ. WASTE ARE VISIBLE FOR INSPECTION, HAVE BEGINNING DATE OF ACCUMULATION, AND CLEARLY LABELED AND MARKED HAZARDOUS WASTE , D) ESTA- BLISH AND MAINTAIN SECONDARY CONTAINMENT SYSTEM FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S), E) KEEP CONTAINERS CLOSED EXCEPT FOR ADDING OR REMOVING WASTE, F) BEGIN CON- DUCTING WEEKLY INSPECTIONS AND DOCUMENTATION OF EACH CON- TAINER STORAGE AREA, G) DEVELOP AND DOCUMENT A PERSONNEL TRAINING PROGRAM, H) UPDATE ITS CONTINGENCY PLAN TO IN- CLUDE A LIST OF ALL EMERGENCY EQUIPMENT AT THE FACILITY AND WHERE IT IS REQUIRED, I) MAKE ARRANGEMENTS WITH LOCAL AUTHORITIES TO MEET THE REQUIREMENTS OF LAC 33:V.1511.G., J) IF RESPONDENT DOES NOT COMPLY WITH THE ABOVE MENTIONED REQUIREMENTS, IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A PART A PERMIT HAS BEEN APPLIED FOR AND OBTAINED, AND K) WITHIN 90 DAYS AFTER RECEIPT OF THE COMPLAINT, SUBMIT TO EPA WRITTEN CERTIFICATION THAT THE ACTIONS A THROUGH I HAVE BEEN COMPLETED.

Defendants (1)

• BARNETT MARINE SERVICESNamed in complaintNamed in settlement

Facilities (2)

• BARNETTE MARINE SVCS

  2709 CONCORD ROAD, BELLE CHASSE, LA, 70037

  Registry ID: 110001316656

• BARNETTE MARINE SVCS

  2709 CONCORD ROAD, BELLE CHASSE, LA, 70037

  Registry ID: 110001316656

Statutes cited

• RCRA 3010A — Res Conserv & Rec Act
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BARNETT MARINE SERVICESentered 1998-03-11

  Primary law: RCRA

  Federal penalty: $7,200

Timeline (5 milestones)

• 1997-12-30Complaint Filed/Proposed Order
• 1998-01-06Enforcement Action Data Entered
• 1998-03-11Final Order Issued
• 2000-11-07Enforcement Action Closed
• 2000-11-07Compliance Achieved