EPA v. BRK ELECTRONICS INC.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1084. 2. BRK ELECTRONICS INC., A MEXICO CORPORATION 25 SPUR LANE EL PASO, EL PASO COUNTY, TEXAS 79906 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO PROVIDE WASTE ANALYSIS AND RECORD KEEPING OF LAND DISPOSAL RESTRICTION (LDR) WITH RESTRICTED WASTE SHIPMENTS, 2) FAILING TO RETAIN COPIES OF DOCUMENTS ON- SITE FOR 5 YEARS, AND 3) FAILING TO IDENTIFY THE CORRECT FOREIGN GENERATOR NAME AND ADDRESS ON THE MANIFEST. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $12,000 FOR THE VIOLATIONS CITED. EPA ALSO ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: 1) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE ORDER, SUBMIT A REPORT CERTIFYING THAT A ONE-TIME LDR NOTIFICATION HAS ACCOMPANIED THE FIRST SHIPMENT WHICH WAS RECEIVED BY EACH TSD FACILITY USED BY THE RESPONDENT FOR THE TIME PERIOD BEGINNING IN 1995 UNTIL THE DATE OF THE CERTIFICATION REPORT AND THAT RESPONDENT HAS PLACED THIS NOTIFCATION IN ITS FILES, 2) WITHIN 30 DAYS OF THE ORDER, SUBMIT A REPORT CERTIFYING THAT IT HAS DRAFTED PROCEDURES PROVIDING FOR THE RETENTION ON-SITE OF COPIES OF LDRS AND MANIFESTS FOR 3 YEARS, FOR WASTE SHIPMENTS MADE AFTER MAY 12, 1997, AND 3) WITHIN 30 DAYS OF THE ORDER, SUBMIT A REPORT CERTIFYING THAT IT HAS SPECIFICALLY IDENTIFIED THE CORRECT FOREIGN GENERATOR NAME AND ADDRESS ON THE MANI- FESTS LISTED IN THE COMPLAINT.

Defendants (1)

• BRK ELECTRONICS INC.Named in complaintNamed in settlement

Facilities (1)

• BRK ELECTRONICS INC

  25 SPUR LANE STE A, EL PASO, TX, 79906

  Registry ID: 110005118835

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BRK ELECTRONICS INC.entered 1998-02-26

  Primary law: RCRA

  Federal penalty: $12,000

Timeline (5 milestones)

• 1998-02-26Complaint Filed/Proposed Order
• 1998-02-26Final Order Issued
• 1998-02-27Enforcement Action Data Entered
• 1998-03-27Compliance Achieved
• 1998-03-31Enforcement Action Closed