EPA v. DYNAMIC INDUSTRIES, INC., A LOUISIANA CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. 2. DYNAMIC INDUSTRIES, INC., A LOUISIANA CORPORATION 3508 CURTIS LANE NEW IBERIA, IBERIA PARISH, LOUISIANA 70562 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO ADEQUATELY MANAGE HAZARDOUS WASTE AT OR NEAR THE POINT OF GENERATION, 2) FAILURE TO MEET THE EXEMPTION REQUIREMENTS AS A LARGE QUANTITY GENERATOR, AND 3) FAIL- URE TO PREPARE AND SUBMIT AN ANNUAL HAZARDOUS WASTE RE- PORT TO THE ADMINISTRATIVE AUTHORITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $16,038 FOR THE VIOLATIONS CITED. EPA ALSO ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: A) UPON RECEIPT OF COMPLAINT, TAKE THE NE- CESSARY STEPS TO DEVELOP AND IMPLEMENT PROCEDURES THAT WILL ENSURE THAT AREAS AT OR NEAR THE POINT OF HAZ. WASTE GENERATION ARE MAINTAINED IN COMPLIANCE; 2) UPON RECEIPT OF COMPLAINT, BEGIN CONDUCTING WEEKLY INSPECTIONS OF EACH CONTAINER STORAGE AREA AND DOCUMENTATION AS REQUIRED; C) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO UPDATE ITS CONTINGENCY PLAN; D) UPON RECEIPT OF COMPLAINT TAKE THE NECESSARY STEPS TO ENSURE THAT A COPY OF THE CONTINGENCY PLAN IS MAINTAINED ON-SITE AND ADDITIONAL COPIES ARE SUBMITTED TO THE LOCAL AUTHORITIES; E) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO MAKE ARRANGEMENTS WITH LOCAL HOSPITALS TO MEET REQUIREMENTS; F) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE THAT THE FACILITY IS MAINTAINED AND OPERATED TO MINIMIZE THE POSSIBILITY OF A RELEASE OF HAZ. WASTE OR HAZ. CONSTITUENTS TO THE ENVIRONMENT; G) IF RESPONDENT DOES NOT COMPLY WITH ACTIONS A THRU F UPON RECEIPT OF THE COMPLAIN, THEN RESPONDENT SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A STORAGE PERMIT HAS BEEN OBTAIN- ED; H) UPON RECEIPT OF COMPLAINT, PREPARE AND SUBMIT AN ANNUAL HAZ. WASTE REPORT FOR 1996; AND I) WITHIN 90 DAYS OF RECEIPT OF COMPLAINT, SUBMIT TO EPA, A WRITTEN CERTI- FICATION THAT ACTIONS A THRU F HAVE BEEN COMPLETED AS RE- QUIRED.

Defendants (1)

• DYNAMIC INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (3)

• DYNAMIC INDUSTRIES INCORPORATED

  3508 CURTIS LANE, NEW IBERIA, LA, 705600000

  Registry ID: 110000890457

• DYNAMIC INDUSTRIES INCORPORATED

  3508 CURTIS LANE, NEW IBERIA, LA, 705600000

  Registry ID: 110000890457

• DYNAMIC INDUSTRIES INCORPORATED

  3508 CURTIS LANE, NEW IBERIA, LA, 705600000

  Registry ID: 110000890457

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• DYNAMIC INDUSTRIES, INC.entered 1998-05-28

  Primary law: RCRA

  Federal penalty: $9,355

Timeline (5 milestones)

• 1998-03-30Complaint Filed/Proposed Order
• 1998-03-31Enforcement Action Data Entered
• 1998-05-28Final Order Issued
• 2000-04-26Compliance Achieved
• 2001-01-23Enforcement Action Closed