EPA v. UNIVERSAL FABRICATORS, INC., A DELAWARE CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. 2. UNIVERSAL FABRICATORS, INC., A DELAWARE CORPORATION 5700 PORT ROAD NEW IBERIA, IBERIA PARISH, LOUISIANA 70562 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) OPERATING A HAZARDOUS WASTE STORAGE FACILITY UNIT - THE NORTH PAINT BLAST AREA - WITHOUT A PERMIT OR INTERIM STATUS AS A RESULT OF FAILING TO MEET THE EXEMPTION RE- QUIREMENTS, 2) FAILURE TO COMPLY WITH THE REQUIREMENT TO MARK CONTAINERS IN THE SATELLITE ACCUMULATION AREA HOLD- ING EXCESS ACCUMULATION OF HAZARDOUS WASTE WITH THE DATE EXCESS AMOUNT BEGAN ACCUMULATING AS REQUIRED, AND 3)FAIL- URE TO LABEL USED OIL TANK AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $9,460 AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RESPOND- ENT TO: 1) BEGIN TAKING NECESSARY STEPS TO ENSURE ITS COMPLIANCE TO MAINTAIN HAZARDOUS WASTE STORAGE CONTAINERS IN GOOD CONDITION, 2) BEGIN TAKING NECESSARY STEPS TO EN- SURE ITS COMPLIANCE TO INSPECT THE HAZ. WASTE CONTAINER STORAGE AREAS WEEKLY, 3) BEGIN TAKING NECESSARY STEPS TO ENSURE ITS COMPLIANCE TO CLEARLY LABEL OR MARK ALL HAZ. WASTE STORAGE CONTAINERS WITH THE LABEL HAZARDOUS WASTE , 4) BEGIN TAKING NECESSARY STEPS TO ENSURE ITS COMPLIANCE TO PROVIDE A SECONDARY CONTAINMENT SYSTEM FOR HAZ. WASTE STORAGE CONTAINERS, 5) BEGIN TAKING NECESSARY STEPS TO ENSURE ITS COMPLIANCE TO MARK ALL HAZ. WASTE STORAGE CONTAINERS WITH THE ACCUMULATION START DATE, 6) BEGIN TAKING NECESSARY STEPS TO MODIFY THE CONTINGENCY PLAN TO INCLUDE REQUIREMENTS IN LAC 33:V.1513.A., 7) BE- GIN TAKING THE NECESSARY STEPS TO MOVE ALL MATERIAL LO- CATED IN THE SATELLITE ACCUMULATION AREA IN EXCESS OF 55 GALLONS TO THE LESS THAN 90 DAY STORAGE AREA OR DISPOSE OF THE MATERIAL, AND 8) BEGIN TAKING THE NECESSARY STEPS TO ENSURE ITS COMPLIANCE TO CLEARLY LABEL OR MARK ALL USED OIL STORAGE DRUMS WITH THE WORDS USED OIL .

Defendants (1)

• UNIVERSAL FABRICATORS, INC.Named in complaintNamed in settlement

Facilities (2)

• UNIVERSAL FABRICATOR LLC

  5007 PORT ROAD, NEW IBERIA, LA, 70560

  Registry ID: 110000449382

• UNIVERSAL FABRICATOR LLC

  5007 PORT ROAD, NEW IBERIA, LA, 70560

  Registry ID: 110000449382

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• UNIVERSAL FABRICATORS, INC.entered 1998-04-24

  Primary law: RCRA

  Federal penalty: $9,460

Timeline (4 milestones)

• 1998-03-31Complaint Filed/Proposed Order
• 1998-04-01Enforcement Action Data Entered
• 1998-04-24Final Order Issued
• 2009-05-11Enforcement Action Closed