EPA v. LAGUNA INDUSTRIES, INC., A NEW MEXICO CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. 2. LAGUNA INDUSTRIES, INC., A NEW MEXICO CORPORATION 1 MESITA INDUSTRIAL PARKWAY, P.O. BOX B LAGUNA, CIBOLA COUNTY, NEW MEXICO 87026 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MEET EXEMPTIONS REQUIREMENTS FOR GENERATORS (FAILING TO LABEL OR CLEARLY MARK THE CONTAINER AND FAIL- ING TO CLOSE THE HAZ. WASTE CONTAINER DURING STORAGE); 2) FAILURE TO MEET EXEMPTION REQUIREMENTS (FAILING TO LABEL OR CLEARLY MARK THE CONTAINER); 3) FAILURE TO MEET EX- EMPTION REQUIREMENTS (FAILING TO CLOSE CONTAINER DURING STORAGE, FAILING TO LABEL OR CLEARLY MARK THE CONTAINER, FAILING TO MARK THE DATES ACCUMULATION BEGAN ON THE CON- TAINERS, FAILING TO HAVE A SYSTEM IN PLACE THAT ENSURES WEEKLY INSPECTIONS, FAILING TO EQUIP ITS FACILITY WITH AN INTERNAL COMMUNICATIONS SYSTEM OR ALARM SYSTEM, AND FAIL- ING TO EQUIP ITS FACILITY WITH ANY FIRE EXTINGUISHERS OR CONTROL EQUIPMENT); 4) FAILURE TO MEET EXEMPTION REQUIRE- MENTS (FAILING TO LABLE OR CLEARLY MARK THE CONTAINERS OF THE HAZ. WASTE, FAILING TO PLACE HAZ. WASTE IN ADEQUATE CONTAINERS, FAILING TO MARK THE DATES OF ACCUMULATION BE- GAN, FAILING TO HAVE A SYSTEM IN PLACE THAT ENSURES WEEK- LY INSPECTIONS, FAILING TO EQUIP ITS FACILITY WITH AN IN- TERNAL COMMUNICATIONS SYSTEM OR ALARM SYSTEM, FAILING TO EQUIP ITS FACILITY WITH ANY FIRE EXTINGUISHING OR CONTROL EQUIPMENT, AND STORING HAZ. WASTE OVER THE 270 DAY ALLOW- ABLE TIME); AND 5) FAILURE TO MEET EXEMPTION REQUIREMENTS (FAILING TO LABEL OR CLEARLY MARK THE CONTAINERS OF HAZ. WASTE, FAILING TO MARK THE DATES ACCUMULATION BEGAN ON THE CONTAINERS, FAILING TO CLOSE THE HAZ. WASTE CONTAINER DURING STORAGE, FAILING TO EQUIP ITS FACILITY WITH AN IN- TERNAL COMMUNICATIONS SYSTEM OR ALARM SYSTEM, AND FAILING TO EQUIP ITS FACILITY WITH ANY FIRE EXTINGUISHING OR CON- TROL EQUIPMENT). 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, AND BE- CAUSE EPA RECOGNIZES TRIBAL GOVERNMENTS AS SOVEREIGN EN- TITIES AND CONSISTENT WITH EPA INDIAN POLICY AND GUID- ANCE, EPA PROPOSED TO ASSESS THE RESPONDENT A CIVIL PEN- ALTY OF ZERO DOLLARS. EPA ISSUED THE RESPONDENT A COMPLI- ANCE ORDER THAT REQUIRES THE RESPONDENT TO: 1) IMMEDIATE- LY LABEL ALL CONTAINER(S) USED TO STORE WASTE WITH HAZ- ARDOUS WASTE , 2) IMMEDIATELY PLACE HAZ. WASTE IN ADE- QUATE CONTAINERS, 3) IMMEDIATELY MARK ALL HAZ. WASTE STORAGE CONTAINER(S) WITH THE ACCUMULATION START DATE, 4) IMMEDIATELY PERFORM WEEKLY INSPECTIONS ON HAZ. WASTE STORAGE CONTAINERS, 50 IMMEDIATELY KEEP HAZ. WASTE STOR- AGE CONTAINERS CLOSED, EXCEPT WHEN ADDING OR REMOVING HAZ. WASTE, 6) IF ACTIONS 1 THRU 5 ARE NOT IMMEDIATELY TAKEN, THE FACILITY SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL RESPONDENT HAS APPLIED FOR AND OB- TAINED A RCRA STORAGE PERMIT, AND 7) WITHIN 30 DAYS, RE- SPONDENT SHALL CERTIFY THAT HE HAS COMPLIED WITH ACTIONS 1 THRU 6.

Defendants (1)

• LAGUNA INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• LAGUNA INDUSTRIES INC

  1 MESITA INDUSTRIAL PKWY, LAGUNA, NM, 87026

  Registry ID: 110004273312

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• LAGUNA INDUSTRIES, INC.entered 1998-09-02

  Primary law: RCRA

Timeline (5 milestones)

• 1998-09-02Enforcement Action Data Entered
• 1998-09-02Complaint Filed/Proposed Order
• 1998-09-02Final Order Issued
• 1998-12-02Compliance Achieved
• 2001-01-17Enforcement Action Closed