EPA v. OIL BARGES, INC., A LOUISIANA CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. OIL BARGES, INC., A LOUISIANA CORPORATION 5310 CORNELIUSP. VOORHIES ROAD NEW IBERIA, IBERIA PARISH, LOUISIANA 70560 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS, 2) FAILURE TO NOTIFY OF HAZARDOUS WASTE ACTIVITY AND OBTAIN AN EPA IDENTIFICATION NUMBER, AND 3) FAILURE TO LABEL USED OIL CONTAINERS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $30,910 AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RESPOND- ENT TO: A) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE EACH CONTAINER OF HAZ. WASTE HAS ON AND VISIBLE FOR INSPECTION, DATE EACH PERIOD OF ACCUMULATION BEGINS, AND LABELED OR CLEARLY MARKED WITH HAZARDOUS WASTE ; B) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE 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; C) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE THAT CONTAINERS CONTAINING HAZ. WASTE ARE KEPT CLOSED DURING STORAGE, EXCEPT FOR ADDING OR REMOVING WASTE; D) UPON RECEIPT, BEGIN CONDUCTING WEEKLY INSPECT- IONS AND DOCUMENTATION OF EACH CONTAINER STORAGE AREA; E) UPON RECEIPT, TAKE THE NECESSARY STEPS TO ESTABLISH AND MAINTAIN SECONDARY CONTAINMNENT SYSTEM FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S); F) UPON RECEIPT, TAKE THE NE- CESSARY STEPS TO ENSURE THAT CONTAINERS HOLDING IGNITABLE OR REACTIVE WASTE ARE LOCATED AT LEAST 50' FROM THE FACI- LITY PROPERTY LINE; G) UPON RECEIPT, TAKE THE NECESSARY STEPS TO MAKE ARRANGEMENTS WITH LOCAL AUTHORITIES TO MEET THE REQUIREMENTS OF LAC 33:V.1511,G.; H) UPON RECEIPT, PREPARE AND IMPLEMENT A CONTINGENCY PLAN TO MEET REQUIRE- MENTS; I) UPON RECEIPT, TAKE THE NECESSARY STEPS TO DE- VELOP AND DOCUMENT A PERSONNEL TRAINING PROGRAM WHICH COMPLIES WITH REQUIREMENTS; J) IF THE RESPONDENT DOE NOT COMPLY WITH THE ACTIONS ORDERED IN STEPS A THRU I, IMMED- IATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A PART A PERMIT HAS BEEN APPLIED FOR AND OBTAINED; K) UPON RE- CEIPT, SUBMIT A NOTIFICATION OF HAZ. WASTE TO THE LDEQ AS REQUIRED; L) UPON RECEIPT, TAKE THE NECESSARY STEPS TO ENSURE THAT CONTAINERS USED TO STORE USED OIL ARE LABELED USED OIL ; AND M) WITHIN 90 DAYS AFTER RECEIPT OF THE COMPLAINT, SUBMIT TO EPA, A WRITTEN CERTIFICATION THAT THE ACTIONS A THRU L HAVE BEEN COMPLETED AS IS REQUIRED.

Defendants (1)

• OIL BARGES, INC.Named in complaintNamed in settlement

Facilities (2)

• OIL BARGES INCORPORATED

  5310 CORNELIUS P VOORHIES ROAD, NEW IBERIA, LA, 70560

  Registry ID: 110000449373

• OIL BARGES INCORPORATED

  5310 CORNELIUS P VOORHIES ROAD, NEW IBERIA, LA, 70560

  Registry ID: 110000449373

Statutes cited

• RCRA 3010A — Res Conserv & Rec Act
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• OIL BARGES, INC.entered 1998-04-01

  Primary law: RCRA

  Federal penalty: $30,910

Timeline (5 milestones)

• 1998-04-01Complaint Filed/Proposed Order
• 1998-04-01Final Order Issued
• 1998-04-02Enforcement Action Data Entered
• 1998-06-01Compliance Achieved
• 1998-06-01Enforcement Action Closed