EPA v. BOCO OF LOUISIANA, A LOUISIANA CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 HSWA ). 2. BOCO OF LOUISIANA, A LOUISIANA CORPORATION 510 LAFLAMME ROAD BROUSSARD, LAFAYETTE PARISH, LOUISIANA 70518 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY (1) (1) FAILURE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS, (2) FAIL- URE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS, AND (3) FAILURE TO LABEL USED OIL CONTAINERS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSED A CIVIL PENALTY OF $9,460 FOR THE VIOLATIONS CITED. EPA ISSUED A COMPLIANCE ORDER TO THE RESPONDENT THAT RE- QUIRES THE RESPONDENT TO: (A) UPON RECEIPT OF COMPLAINT, TAKE THE NECESSARY STEPS TO ENSURE EACH CONTAINER OF HAZ. WASTE HAS THEREON AND VISIBLE FOR INSPECTION, THE DATE EACH PERIOD OF ACCUMULATION BEGINS, AND LABELED OR CLEAR- LY MARKED WITH HAZARDOUS WASTE . (B) TAKE THE NECESSARY STEPS TO ESTABLISH AND MAINTAIN SECONDARY CONTAINMENT SYSTEM FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S), (C) TAKE THE NECESSARY STEPS TO ENSURE THAT CONTAINERS HOLD- ING HAZ. WASTE ARE IN GOOD CONDITION, (D) TAKE THE NECES- SARY STEPS TO ENSURE THAT CONTAINERS HOLDING HAZ. WASTE ARE STORED IN A MANNER TO PREVENT RUPTURES OR LEAKS, (E) BEGIN CONDUCTING WEEKLY INSPECTIONS AND DOCUMENTATION OF EACH CONTAINER STORAGE AREA, (F) TAKE THE NECESSARY STEPS TO MAKE ARRANGEMENTS WITH LOCAL AUTHORITIES TO MEET THE REQUIREMENTS OF LAV 33:V.1511.G., (G) TAKE THE NECESSARY STEPS TO UPDATE ITS CONTINGENCY PLAN, (I) WITHIN 21 DAYS, SUBMIT A PLAN TO DOCUMENT HOW RESPONDENT INTENDS TO TRACK GENERATION AND STORAGE OF HAZ. WASTE IF RESPONDENT EX- CEEDS PERMITTED QUANTITATIVE LIMITS, RENOTIFY OF CHANGE IN STATUS, REMAIN IN THAT CATEGORY FOR THE NEXT CALENDAR YEAR, OR, UNLESS RESPONDENT ELECTS TO OBTAIN A HAZ. WASTE STORAGE PERMIT, 9J0 IF RESPONDENT DOES NOT COMPLY WITH ACTIONS A THRU J, THEN RESPONDENT SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTI A PART A PERMIT HAS BEEN APPLIED FOR AND OBTAINED, (K) TAKE THE NECESSARY STEPS TO ENSURE THAT CONTAINERS USED TO STORE USED OIL ARE LABELED WITH THE WORDS USED OIL', AND (L) WITHIN 90 DAYS, SUBMIT TO EPA, A WRITTEN CERTIFICATION THAT THE ACTIONS A THRU K HAVE BEEN COMPLETED AS IS REQUIRED.

Defendants (1)

• BOCO OF LOUISIANANamed in complaintNamed in settlement

Facilities (1)

• BOCO OF LA INC

  510 LAFLAMME RD STE B, BROUSSARD, LA, 70518

  Registry ID: 110009584333

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BOCO OF LOUISIANAentered 1998-08-21

  Primary law: RCRA

  Federal penalty: $9,460

Timeline (5 milestones)

• 1998-08-21Complaint Filed/Proposed Order
• 1998-08-21Final Order Issued
• 1998-08-24Enforcement Action Data Entered
• 2001-03-08Compliance Achieved
• 2001-03-08Enforcement Action Closed