EPA v. KEPTEL, INC., A DELAWARE 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). 2. KEPTEL, INC., A DELAWARE CORPORATION 12055 ROJAS DRIVE, SUITE A EL PASO, EL PASO COUNTY, TEXAS 79936 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY: (1) FAILURE TO COMPLETE HAZARDOUS WASTE SHIPMENT MANIFESTS AS REQUIRED, (2) FAILURE TO RETAIN LAND DISPOSAL RESTRICTION (LDR) NOTIFICATIONS ON-SITE FOR THE REQUIRED THREE-YEAR PERIOD, (3) FAILURE TO FILE AN EXCEPTION REPORT TO EPA FOR UNIFORM HAZARDOUS WASTE MANIFESTS (UHWMS), (4) FAIL- URE TO PROVIDE LDR NOTIFICATION WITH RESTRICTED WASTE SHIPMENT, (5) FAILURE TO MAKE HAZARDOUS WASTE DETERMINA- TION, AND (6) FAILURE TO RETAIN MANIFEST ON-SITE FOR THE REQUIRED THREE-YEAR PERIOD. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $60,527 FOR THE VIOLATIONS CITED AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RESPONDENT TO: (1) WITHIN 30 DAYS, SUBMIT TO EPA A WRITTEN CORRECTION OF UHWMS TX00851079 WITH THE CORRECT EPA 12-DIGIT I.D. NUMBER FOR THE DESIG- NATED FACILITY, AND TX01140806 WITH THE CORRECT EPA 12- DIGIT I.D. NUMBER FOR THE FIRST TRANSPORTER, (2) WITHIN 30 DAYS, SUBMIT TO EPA, FOR REVIEW AND COMMENT, THE PRO- CEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE THAT ALL SUBSEQUENT UHWMS SHALL HAVE THE EPA'S 12-DIGIT I.D. NUM- BER OF THE FIRST TRANSPORTER AND DESIGNATED FACILITY FOR THE RESPONDENT'S WASTE, (3) WITHIN 30 DAYS, SUBMIT TO EPA A WRITTEN NOTIFICATION CERTIFYING THAT ITS LDR NOTIFCA- TIONS ARE BEING KEPT ON-SITE FOR THE REQUIRED PERIOD OF TIME, (4) WITHIN 30 DAYS, SUMBIT TO EPA, A WRITTEN NOTI- FICATION CERTIFYING THAT ITS MANIFESTS ARE BEING KEPT ON- SITE FOR THE REQUIRED PERIOD OF TIME, (5) WITHIN 30 DAYS, SUBMIT TO EPA A WRITTEN REPORT STATING AND EXPLAINING THE EFFORTS TAKEN TO LOCATE THE HAZ. WASTE SHIPMENTS ON UHWMS TX01103975 AND TX01103970 TRANSPORTED TO THE TREATMENT, STORAGE, AND DISPOSAL FACILITY WHICH WERE NOT CONFIRMED, AND THE RESULTS OF THOSE EFFORTS WITH A PHOTOCOPY OF THE COMPLETED UHWMS, AND A WRITTEN REPORT STATING IT IS IN RECEIPT OF HAZ. WASTE SHIPMENT TX01597864 FROM THE TREAT- MENT, STORAGE, AND DISPOSAL FACILITY, (6) WITHIN 30 DAYS, SUBMIT TO EPA AND THE APROPRIATE TREATMENT, STORAGE, AND DISPOSAL FACILITY LAND DISPOSAL RESTRICTION NOTIFICATION FOR UHWM TX00851079, AND (7) WITHIN 30 DAYS, SUBMIT TO EPA, FOR REVIEW AND COMMENT, THE PROCEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE COMPLIANCE WITH LAND DISPOSAL RESTRICTION NOTIFICATIONS REQUIREMENTS FOR SHIPMENTS OF RESTRICTED HAZARDOUS WASTE.

Defendants (1)

• KEPTEL, INC.Named in complaintNamed in settlement

Facilities (1)

• KEPTEL INC

  12055-A ROJAS DR, EL PASO, TX, 79936

  Registry ID: 110005019960

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste

Enforcement conclusions (1)

• KEPTEL, INC.entered 1998-09-01

  Primary law: RCRA

  Federal penalty: $60,527

Timeline (5 milestones)

• 1998-06-30Complaint Filed/Proposed Order
• 1998-07-02Enforcement Action Data Entered
• 1998-09-01Final Order Issued
• 2001-03-06Compliance Achieved
• 2001-03-06Enforcement Action Closed