EPA v. RUBEN'S ELECTROPLATING, INC., D/B/A ELECTROPLATING OF EL PAS

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A), AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA). SECTION 309(G)(1) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(1). 2. RUBEN'S ELECTROPLATING, INCORPORATED, A TEXAS CORPORATION D.B.A. ELECTROPLATING OF EL PASO 1040 HAWKINS EL PASO, EL PASO COUNTY, TEXAS 79915 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY (1) FAILURE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE GENERATOR REQUIREMENTS, (2) TREAT- MENT OF HAZARDOUS WASTE WITHOUT A PERMIT, (3) FAILURE TO SUBMIT ANNUAL WASTE SUMMARIES TO THE TNRCC AS REQUIRED, (4) FAILURE TO PROPERLY PREPARE MANIFESTS, AND WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND BY FAILING TO DEVELOP AND IM- PLEMENTING A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FOR THE FACILTY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA AND SECTION 309(G)(1) OF THE CWA, EPA PROPOSED A CIVIL PENAL- TY OF $93,530 FOR THE RCRA VIOLATIONS, AND $27,500 FOR THE CWA VIOLATIONS, FOR A TOTAL CIVIL PENALTY OF $121,030 FOR THE VIOLATIONS CITED. EPA ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: (A) WITHIN 60 DAYS, PROVIDE TO EPA DOCUMENTATION WHICH CERTIFIES THAT ALL HAZ. WASTE ACCUMULATION AND/OR TREATMENT AREAS ARE BEING OPERATED IN COMPLIANCE, (B) WITHIN 60 DAYS, SUBMIT TO EPA A NOTIFICA- TION OF HAZARDOUS WASTE MANAGEMENT ACTIVITY WHICH DES- CRIBES ALL REGULATED WASTES GENERATED BY THE PLANT, (C) WITHIN 90 DAYS, SUBMIT TO EPA A CERTIFICATION THAT THE REQUIRED DOCUMENTATION HAS BEEN SUBMITTED TO TNRCC TO OB- TAIN A GENERATOR'S TRNCC REGISTRATION NUMBER, AND THE TNRCC HAS ACKNOWLEDGED RECEIPT OF THIS DOCUMENTATION, (D) WITHIN 90 DAYS, SUBMIT TO EPA A CERTIFICATION THAT THE REQUIRED DOCUMENTATION HAS BEEN SUBMITTED TO TNRCC FOR THE TNRCC WASTE CLASSIFICATION CODE SYSTEM AND PROOF THAT RESPONDENT'S REQUIRED DOCUMENTS WERE RECEIVED BY TNRCC, AND (E) WITHIN 120 DAYS, SUBMIT TO EPA A CERTIFICATION THAT THE ANNUAL WASTE SUMMARY FOR 1997 HAS BEEN SUBMITTED TO TNRCC.

Defendants (1)

• RUBEN'S ELECTROPLATING, INC., DBA ELECTRNamed in complaintNamed in settlement

Facilities (2)

• ELECTROPLATING OF EL PASO RUBENS

  1040 HAWKINS, EL PASO, TX, 79915

  Registry ID: 110001875720

• ELECTROPLATING OF EL PASO RUBENS

  1040 HAWKINS, EL PASO, TX, 79915

  Registry ID: 110001875720

Statutes cited

• CWA 301A — Clean Water Act
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• RUBEN'S ELECTROPLATING, INCORPORATED, D/B/A ELECTRentered 1998-10-09

  Primary law: RCRA

  Federal penalty: $44,620

Timeline (5 milestones)

• 1998-08-25Enforcement Action Data Entered
• 1998-08-25Complaint Filed/Proposed Order
• 1998-10-09Final Order Issued
• 2001-03-08Compliance Achieved
• 2001-03-08Enforcement Action Closed