EPA v. MCMASTER PLATING, INC., A TEXAS CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928(A), AS A- MENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA). SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. MCMASTER PLATING, INC., A TEXAS CORPORATION 4011 ESTES PARKWAY LONGVIEW, GREGG COUNTY, TEXAS 75603 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY (1) FAILURE TO MEET THE EXEMPTION OF 180 DAYS OR LESS HAZARD- OUS WASTE GENERATOR REQUIREMENTS, AND IN VIOLATION OF SECTION 301(A) OF THE CWA BY CONDUCTING THE RELEVANT AC- TIVITIES AT THE RELEVANT TIMES WITHOUT NPDES STORM WATER PERMIT COVERAGE OR A STORM WATER POLLUTION PREVENTION PLAN FOR THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA AND SECTION 309(G) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $24,750 FOR THE RCRA VIOLATION CITED, AND $27,500 FOR THE CWA VIOLATION CITED. EPA ALSO ISSUED THE RESPONDENT A RCRA COMPLIANCE ORDER. THE RESPONDENT IS ORDERED TO: (A) WITHIN 180 DAYS, PREPARE AND IMPLEMENT A WRITTEN HAZ. WASTE MANAGEMENT PROGRAM WHICH INCORPORATES A DETAILED ACCOUNTING OF HAZ. WASTE DETERMINATIONS; AMOUNT BY POUNDS OF HAZ. WASTE GENERATED EACH MONTH; DISPOSITION OF OFF- SITE SHIPMENTS OF HAZ. WASTE; AN EMERGENCY PREPAREDNESS AND PREVENTION PROGRAM TO ADDRESS PLANNED OR UNPLANNED RELEASES OR FIRE EVENTS; AND MANAGEMENT OF ITS HAZ. WASTE CONTAINERS, (B) WITHIN 60 DAYS, PROVIDE DOCUMENTATION TO EPA WHICH VERIFIES THAT ALL 180 DAYS OR LESS HAZ. WASTE STORAGE AREAS ON ITS PLANT ARE BEING OPERATED IN COMPLI- ANCE, AND (C) WITHIN 60 DAYS, SUBMIT TO EPA, FOR REVIEW AND COMMENT, A STANDARD OPERATING PROCEDURE FOR DETERMI- NATION OF HAZ. WASTE AND NOTIFICATION OF HAZ. WASTE MAN- AGEMENT ACTIVITY.

Defendants (1)

• MCMASTER PLATING, INC.Named in complaintNamed in settlement

Facilities (2)

• MCMASTER PLATING INCORPORATED

  4011 ESTES PKWY, LONGVIEW, TX, 75603

  Registry ID: 110000749183

• MCMASTER PLATING INCORPORATED

  4011 ESTES PKWY, LONGVIEW, TX, 75603

  Registry ID: 110000749183

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• MCMASTER PLATING, INC.entered 1998-09-19

  Primary law: RCRA

  Federal penalty: $34,750

Timeline (5 milestones)

• 1998-06-30Complaint Filed/Proposed Order
• 1998-07-01Enforcement Action Data Entered
• 1998-09-19Final Order Issued
• 2001-03-08Compliance Achieved
• 2001-03-08Enforcement Action Closed