EPA v. MAIN IRON WORKS, INC., A DELAWARE CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA , 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 ( HSWA ). 2. MAIN IRON WORKS, INC., A DELAWARE CORPORATION 148 OLD FERRY ROAD HOUMA, TERREBONNE PARISH, LOUISIANA 70364 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 3005 AND 3010(A) OF RCRA BY 1) FAILING TO MAKE A HAZARDOUS WASTE DETERMIN- ATION BY NOT DETERMINING THAT THE SOLID WASTE IT GENERAT- ED IS ALSO HAZARDOUS WASTE, 2) FAILING TO NOTIFY THE EPA OF ITS TREATMENT, STORAGE, AND/OR DISPOSAL OF HAZARDOUS WASTE IN ITS FACILITY, 3) FAILING TO MEET THE SMALL QUAN- TITY GENERATORS REQUIREMENTS, AND 4) TREATING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $23,923 FOR THE VIOLATIONS CITED AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE OR- DER REQUIRES THE RESPONDENT TO: A) UPON RECEIPT OF THIS COMPLAINT, SUBMIT NOTIFICATION OF HAZ. WASTE TO THE LDEQ AS REQUIRED, B) UPON RECEIPT OF COMPLAINT, MAKE HAZ. WASTE DETERMINATIONS ON ALL SOLID WASTES GENERATED AT ITS FACILITIY AS REQUIRED, C) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE THAT EACH CONTAINER OF HAZ. WASTE HAS THE DATE EACH PERIOD OF ACCUMULATION BEGINS, LABELED, OR CLEARLY MARKED WITH WORDS HAZARDOUS WASTE AND VISIBLE FOR INSPECTION, D) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ESTABLISH AND MAINTAIN SEC- ONDARY CONTAINMENT SYSTEM FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S), E) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE THAT EACH CONTAINER OF HAZ. WASTE IS CLOSED, EXCEPT WHEN NECESSARY TO ADD OR REMOVE WASTE, F) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO DEVELOP AND DOCUMENT A PERSONNEL TRAINING PRO- GRAM, G) CEASE ITS PRACTICE OF SPRAYING HAZ. WASTE ON SPRAY BOARDS AND SHALL DISPOSE OF ALL HAZ. WASTE IN AC- CORDANCE, AND H) WITHIN 30 DAYS AFTER RECEIPT OF COM- PLAINT, SUBMIT TO EPA, A WRITTEN CERTIFICATION THAT AC- TIONS A THROUGH G HAVE BEEN COMPLETED AS ORDERED BY EPA.

Defendants (1)

• MAIN IRON WORKS, INC.Named in complaintNamed in settlement

Facilities (2)

• MAIN IRON WORKS INC

  148 OLD FERRY RD, HOUMA, LA, 70364

  Registry ID: 110003358081

• MAIN IRON WORKS INC

  148 OLD FERRY RD, HOUMA, LA, 70364

  Registry ID: 110003358081

Statutes cited

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

Enforcement conclusions (1)

• MAIN IRON WORKS, INC.entered 1998-03-11

  Primary law: RCRA

  Federal penalty: $23,923

Timeline (5 milestones)

• 1998-03-11Complaint Filed/Proposed Order
• 1998-03-11Final Order Issued
• 1998-03-12Enforcement Action Data Entered
• 1998-03-18Compliance Achieved
• 1998-04-28Enforcement Action Closed