EPA v. THE VALSPAR CORPORATION, A DELAWARE CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. THE VALSPAR CORPORATION, A DELAWARE CORPORATION 1700 DOUCETTE STREET BEAUMONT, JEFFERSON COUNTY, TEXAS 77704 3. RESPONDENT WAS IN VIOLATION OF SECTION 3005(A) OF RCRA BY 1) FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION, AND 2) OPERATING A HAZARDOUS WASTE STORAGE UNIT WITHOUT IN- TERIM STATUS OR PERMIT BY FAILING TO MEET THE EXEMPTION REQUIREMENTS, AND 3) 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $27,500 AND ISSUED A COMPLI- ANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RE- SPONDENT TO: 1) IMMEDIATELY CEASE THE AUTHORIZED STORAGE OF HAZARDOUS WASTE, 2) NO LATER THAN 30 DAYS AFTER EFFEC- TIVE DATE OF THE COMPLIANCE ORDER, REMOVE, TRANSPORT AND DISPOSE OF THE HAZ. WASTE DISCOVERED AT THE BEAUMONT FA- CILITY BY EPA REPS, 3) NO LATER THAN 30 DAYS OF THE ORDER SUBMIT TO EPA AND TRNCC A PLAN DOCUMENTING 1) THAT ALL HAZ. WASTE IN CONTAINERS WILL BE ACCUMULATED ON-SITE FOR 90-DAY OR LESS WITHOUT A PERIT OR INTERIM STATUS AND 2) THAT THE WASTE PLACED IN CONTAINERS COMPLIES WITH REGULA- TIONS, 4) NO LATER THAN 30 DAYS OF THE ORDER, PROVIDE DOCUMENTATION TO EPA AND TRNCC THAT THE BEAUMONT FACILITY HAS DEVELOPED A WRITTEN SCHEDULE FOR INSPECTING ALL MONI- TORING EQUIPMENT, SAFETY AND EMERGENCY EQUIPMENT, SECURI- TY DEVICES, AND OPERATING AND STRUCTURAL EQUIPMENT THAT ARE IMPORTANT TO PREVENTING, DETECTING, OR RESPONDING TO ENVIRONMENTAL OR HUMAN HEALTH HAZARDS, 5) NO LATER THAN 30 DAYS OF THE ORDER, PROVIDE DOCUMENTATION SHOWING THAT THE FACILITY PERSONNEL HAVE SUCCESSFULLY COMPLETED A PRO- GRAM OF CLASSROOM INSTRUCTION OR ON-THE-JOB TRAINING THAT TEACHES THEM TO PERFORM THEIR DUTIES IN A WAY THAT EN- SURES THE FACILITY'S COMPLIANCE WITH REQUIREMENTS, AND 6) NO LATER THAN 30 DAYS OF THE ORDER, HAVE ON-SITE A COPY OF ALL MANIFESTS, LAND DISPOSAL RESTRICTIONS NOTICES, CERTIFICATIONS, DEMONSTRATIONS, WASTE ANALYSIS DATA, AND OTHER DOCUMENTATION PRODUCED FOR AT LEAST 5 YEARS FROM THE DATE THAT THE WASTE WAS SUBJECT TO THE LAND DISPOSAL RESTRICTIONS (LDR) REQUIREMENTS AND NOTIFYING THE TREAT- MENT OR STORAGE FACILITY IN WRITING, BY USING MANIFESTS AND LDR NOTICES, OF THE APPROPRIATE TREATMENT STANDARDS.

Defendants (1)

• THE VALSPAR CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• VALSPAR CORPORATION

  1700 DOUCETTE ST, BEAUMONT, TX, 77701

  Registry ID: 110000874723

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• THE VALSPAR CORPORATIONentered 1998-01-05

  Primary law: RCRA

  Federal penalty: $29,500

Timeline (5 milestones)

• 1997-12-31Complaint Filed/Proposed Order
• 1998-01-05Final Order Issued
• 1998-01-09Enforcement Action Data Entered
• 1998-01-19Compliance Achieved
• 1998-01-20Enforcement Action Closed