EPA v. MARINE INDUSTRIAL FABRICATION, A LOUISIANA CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. MARINE INDUSTRIAL FABRICATION, A LOUISIANA CORPORATION PORT OF CALL MARINA ROAD NEW IBERIA, IBERIA PARISH, LOUISIANA 70562 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION, 2) FAIL- URE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS, 3) FAILURE TO LA- BEL USED OIL CONTAINERS, AND 4) FAILURE TO PREPARE AND IMPLEMENT AN ADEQUATE SPILL PREVENTION CONTROL AND COUNT- ERMEASURE PLAN. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $24,530 AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RESPOND- ENT TO (UPON RECEIPT OF COMPLAINT): A) MAKE HAZ. WASTE DETERMINATIONS ON ALL SOLID WASTES GENERATED AT ITS FACI- LITY; B) TAKE THE NECESSARY STEPS TO ENSURE THAT EACH CONTAINER OF HAZ. WASTE HAS VISIBLE FOR INSPECTION, THE DATE EACH PERIOD OF ACCUMULATION BEGINS, AND LABELED OR CLEARLY MARKED WITH HAZARDOUS WASTE ; C) TAKE THE NECES- SARY STEPS TO ENSURE THAT EACH CONTAINER USED TO STORE HAZ. WASTE IS MADE OF OR LINED WITH MATERIALS WHICH WILL NOT REACT WITH, OR BE INCOMPATIBLE WITH, THE HAZ. WASTE BEING STORED; D) TAKE THE NECESSARY STEPS TO ENSURE THAT CONTAINERS CONTAINING HAZ. WASTE ARE KEPT CLOSED EXCEPT WHEN NECESSARY TO ADD OR REMOVE WASTE; E) TAKE THE NECES- SARY STEPS TO ESTABLISH AND MAINTAIN SECONDARY CONTAIN- MENT(S) FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S) AND ENSURE WEEKLY INSPECTIONS OF CONTAINERS AND SECONDARY CONTAINMENT IS CONDUCTED AND DOCUMENTED AS REQUIRED; F) TAKE THE NECESSARY STEPS TO MAKE ARRANGEMENTS WITH LOCAL AUTHORITIES AS REQUIRED; G) PREPARE AND IMPLEMENT A CON- TINGENCY PLAN AS REQUIRED; H) SUBMIT COPIES OF THE CON- TINGENCY PLAN TO THE LOCAL POLICE DEPTS., FIRE DEPT., HOSPITALS, AND STATE AND LOCAL EMERGENCY RESPONSE TEAMS AS REQUIRED; I) TAKE THE NECESSARY STEPS TO DEVELOP AND DOCUMENT A PERSONNEL TRAINING PROGRAM WHICH COMPLY WITH REQUIREMENTS; J) IF RESPONDENT DOES NOT COMPLY WITH THE ACTIONS A THRU I, THEN RESPONDENT SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A STORAGE PERMIT IS OB- TAINED; K) TAKE THE NECESSARY STEPS TO ENSURE THAT CON- TAINERS USED TO STORE USED OIL ARE LABELED WITH USED OIL ; L) WITHIN 180 DAYS AFTER RECEIPT OF COMPLAINT, SUB- MIT TO EPA, A WRITTEN CERTIFICATION THAT THE ACTIONS A THRU K HAVE BEEN COMPLETED AS REQUIRED; AND M) WITHIN 180 DAYS OF COMPLAINT, SUBMIT TO EPA FOR REVIEW AND COMMENT, ITS UPDATED AND CERTIFIED SPCC PLAN.

Defendants (1)

• MARINE INDUSTRIAL FABRICATIONNamed in complaintNamed in settlement

Facilities (2)

• MARINE INDUSTRIAL FABRICATORS INC

  PORT OF CALL MARINA RD END OF, NEW IBERIA, LA, 70562

  Registry ID: 110013391677

• MARINE INDUSTRIAL FABRICATORS INC

  PORT OF CALL MARINA RD END OF, NEW IBERIA, LA, 70562

  Registry ID: 110013391677

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• MARINE INDUSTRIAL FABRICATIONentered 1998-03-31

  Primary law: RCRA

  Federal penalty: $24,530

Timeline (5 milestones)

• 1998-03-31Complaint Filed/Proposed Order
• 1998-03-31Final Order Issued
• 1998-04-01Enforcement Action Data Entered
• 2001-03-08Compliance Achieved
• 2001-03-08Enforcement Action Closed