EPA v. RED FOX COMPANIES OF NEW IBERIA, INC., A LOUISIANA CORP.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. RED FOX COMPANIES OF NEW IBERIA, INC. , A LOUISIANA CORP. 4506 S. LEWIS STREET NEW IBERIA, IBERIA PARISH, LOUISIANA 70562 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO MEET CONDITIONS OF PERMIT EXCEMPTION, 2) FAIL- ING TO MEET CONDITIONS OF PERMIT EXEMPTION FOR SATELLITE AREA, AND 3) FAILING TO LABEL TANKS AS USED OIL . 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $36,300 AND ISSUED A COMPLI- ANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RE- SPONDENT TO: 1) IMMEDIATELY BEGIN STORING CONTAINERS IN A MANNER IN WHICH THE LABELS AND ACCUMULATION DATES ARE PLACED ON THE CONTAINERS AND SUCH LABELS ARE VISIBLE FOR INSPECTION, 2) IMMEDIATELY MAINTAIN CONTAINERS IN A MAN- NER SUCH THAT THE CONTAINERS ARE ALWAYS CLOSED EXCEPT WHEN IT IS NECESSARY TO ADD OR REMOVE WASTE, 3) IMMEDIA- TELY PLACE HAZ. WASTE CONTAINERS WITHIN SECONDARY CON- TAINMENT, 4) IMMEDIATELY BEGIN PERFORMING AND DOCUMENTING WEEKLY INSPECTIONS OF HAZ. WASTE CONTAINER STORAGE AREAS, 5) IMMEDIATELY UPDATE CONTINGENCY PLAN TO INCLUDE PRO- VISIONS MADE WITH THE LOCAL AUTHORITIES, THE ADDRESSES AND TLELPHONE NUMBERS OF EMERGENCY COORDINATORS AND THE LOCATION AND PHYSICAL DESCRIPTION OF THE EMERGENCY EQUIP- MENT, 6) IMMEDIATELY MOVE ALL MATERIAL LOCATED IN THE PAINT CAN CRUSHING AREA IN EXCESS OF 55 GALLONS TO THE LESS THAN 90 DAY STORAGE AREA OR DISPOSE OF THE MATERIAL, 7) IMMEDIATELY LABEL THE DRUMS IN THE PAINT CAN CRUSHING AREA SAA WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS IDENTIFYING THE DRUM CONTENTS, 8) IMMEDIATELY LABEL ALL TANKS AND DRUMS USED FOR THE STORAGE OF USED OIL AS USED OIL , AND 9) IF ACTIONS 1 THRU 7 ARE NOT IMMEDIATELY TAKEN BY THE FACILITY, THEN THE FACILITY SHALL IMMEDIATE- LY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A PART A PERMIT HAS BEEN APPLIED FOR AND OBTAINED.

Defendants (1)

• RED FOX COMPANIES OF NEW IBERIA, INC.Named in complaintNamed in settlement

Facilities (1)

• RED FOX COMPANY

  4506 S. LEWIS ST., NEW IBERIA, LA, 705600000

  Registry ID: 110000794203

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• RED FOX COMPANIES OF NEW IBERIA, INC.entered 1998-03-27

  Primary law: RCRA

  Federal penalty: $36,300

Timeline (5 milestones)

• 1998-03-27Enforcement Action Data Entered
• 1998-03-27Complaint Filed/Proposed Order
• 1998-03-27Final Order Issued
• 1998-03-27Compliance Achieved
• 1998-05-01Enforcement Action Closed