EPA v. HOECHST CELANESE CORPORATION, A DELAWARE CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. HOECHST CELANESE CORPORATION, A DELAWARE CORPORATION 1901 CLARKWOOD ROAD CORPUS CHRISTI, NUECES COUNTY, TEXAS 78409 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO DETERMINE WHETHER THE SOLID WASTE IN THE NORTH CONTAINER STORAGE AREA WAS A HAZARDOUS WASTE, AND 2) OP- ERATING A HAZARDOUS WASTE STORAGE UNIT WITHOUT INTERIM STATUS OR PERMIT BY FAILING TO MEET THE EXEMPTION RE- QUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $10,250 AND ISSUED A COMPLI- ANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RE- SPONDENT TO: 1) IMMEDIATELY CEASE THE UNAUTHORIZED STOR- AGE OF HAZ. WASTE IDENTIFIED IN THE COMPLAINT, 2) WITHIN 30 DAYS OF THE EFFECTIVE OF THE ORDER, REMOVE, TRANSPORT, AND DISPOSE OF THE HAZ. WASTE DISCOVERED DURING THE IN- SPECTION, 3) WITHIN 30 DAYS OF THE ORDER, SUBMIT TO EPA AND TRNCC A PLAN DOCUMENTING ALL HAZ. WASTE IN CONTAINERS WILL BE ACCUMULATED ON-SITE FOR 90-DAY OR LESS WITHOUT A PERMIT OR INTERIM STATUS AND THAT THE WASTE PLACED IN CONTAINERS COMPLIES WITH THE EXEMPTION REQUIREMENTS, AND 4) WITHIN 30 DAYS OF THE ORDER, HAVE ON-SITE A COPY OF ALL MANIFESTS, LAND DISPOSAL RESTRICTION NOTICES, CERTI- FICATIONS, DEMONSTRATIONS, WASTE ANALYSIS DATA, AND OTHER DOCUMENTATION PRODUCED FOR AT LEAST 5 YEARS FROM THE DATE THAT THE WASTE WAS SUBJECT TO THE LAND DISPOSAL RESTRICT- ION (LDR) REQUIREMENTS, AND NOTIFY THE TREATMENT OR STOR- AGE FACILITY IN WRITING, USING MANIFESTS AND LDR NOTICES, OF APPROPRIATE TREATMENT STANDARDS.

Defendants (1)

• HOECHST CELANESE CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• CELANESE LIMITED

  1901 CLARKWOOD RD., CORPUS CHRISTI, TX, 78409

  Registry ID: 110035831614

• CELANESE LIMITED

  1901 CLARKWOOD RD., CORPUS CHRISTI, TX, 78409

  Registry ID: 110035831614

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• HOECHST CELANESE CORPORATIONentered 1998-06-30

  Primary law: RCRA

  Federal penalty: $10,250

Timeline (5 milestones)

• 1998-03-31Complaint Filed/Proposed Order
• 1998-04-01Enforcement Action Data Entered
• 1998-06-30Final Order Issued
• 1998-07-16Compliance Achieved
• 2001-02-20Enforcement Action Closed