EPA v. FLEET DESIGN, INC. OF TEXAS, A TEXAS CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1975 ( RCRA ), 42 U.S.C. SECTION 6928(A), AS A- MENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 ( HSWA ). 2. FLEET DESIGN, INC. OF TEXAS, A TEXAS CORPORATION 1501 WEST END DRIVE GAINESVILLE, COOKE COUNTY, TEXAS 76240 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY (1) FAILURE TO MEET THE EXEMPTION REQUIREMENTS FOR CONTAINER STORAGE AREA, AND (2) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $14,500 FOR THE VIOLATIONS CITED. EPA ALSO ISSUED THE RESPONDENT A COMPLIANCE ORDER THAT REQUIRED THE RESPONDENT TO: (A) WITHIN 30 DAYS, SUB- MIT TO EPA FOR APPROVAL A WASTE ANALYSIS PLAN THAT COM- MITS AND ENSURES THAT THE FACILITY WILL DETERMINE THE HAZ. CONSTITUENTS OF ANY SOLID WASTE GENERATED THAT IS NOT KNOWN TO ORIGINATE IN A PROCESS THAT KNOWLEDGE OF PROCESS CLEARLY IDENTIFIES, (B) WITHIN 30 DAYS, PROVIDE DOCUMENTATION TO EPA WHICH CERTIFIES THAT ALL 90 DAY OR LESS HAZ. WASTE ACCUMULATION POINTS ON ITS FACILITY ARE BEING OPERATED, INCLUDING SCHEDULED INSPECTIONS, (C) WITH IN 30 DAYS, SUBMIT TO EPA, FOR REVIEW AND COMMENT, A STANDARD PROCEDURE FOR THE DETERMINATION OF HAZ. WASTE, AND (D) WITHIN 30 DAYS, PROVIDE TO EPA DOCUMENTATION OF THE FACILITY'S NOTIFICATION OF HAZ. WASTE MANAGEMENT AC- TIVITY.

Defendants (1)

• FLEET DESIGN, INC. OF TEXASNamed in complaintNamed in settlement

Facilities (1)

• FLEET DESIGN

  1501 WEST END DRIVE, GAINESVILLE, TX, 76240

  Registry ID: 110000460019

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• FLEET DESIGN, INC. OF TEXASentered 1998-08-18

  Primary law: RCRA

  Federal penalty: $12,000

Timeline (5 milestones)

• 1998-06-30Complaint Filed/Proposed Order
• 1998-07-01Enforcement Action Data Entered
• 1998-08-18Final Order Issued
• 1999-06-24Compliance Achieved
• 2000-01-06Enforcement Action Closed