EPA v. FERGUSON CONSTRUCTION CO, 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. FERGUSON CONSTRUCTION CO., A NEW MEXICO CORPORATION 2200 S. COMMERCIAL STREET LOVINGTON, LEA COUNTY, NEW MEXICO 88260 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO SUBMIT NOTIFICATION OF HAZARDOUS WASTE ACTIVI- TY, 2) FAILURE TO MEET STORAGE PERMIT EXEMPTION REQUIRE- MENTS, 3) FAILURE TO LABEL USED OIL TANK, AND 4) FAILURE TO MAKE HAZARDOUS WASTE DETERMINATION. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSED A CIVIL PENALTY OF $60,775 FOR THE VIOLATIONS CITED AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE COM- PLIANCE ORDER REQUIRED THE RESPONDENT TO: 1) WITHIN 30 DAYS, SUBMIT AND/OR REVISE A NOTIFICATION OF REGULATED WASTE ACTIVITY TO EPA OR NMED; 2) WITHIN 30 DAYS, LABEL ALL CONTAINER(S) USED TO STORE HAZ. WASTE WITH HAZARDOUS WASTE ; 3) WITHIN 30 DAYS, PLACE HAZ. WASTE IN ADEQUATE CONTAINER(S); 4) WITHIN 30 DAYS, MARK ALL HAZ. WASTE STORAGE CONTAINER(S0 WITH THE ACCUMULATION START DATE; 5) WITHIN 30 DAYS, PERFORM WEEKLY INSPECTIONS ON HAZ. WASTE STORAGE CONTAINER(S); 6) WITHIN 30 DAYS, KEEP HAZ. WASTE STORAGE CONTAINER(S) CLOSED, EXCEPT WHEN ADDING OR REMOV- ING HAZ. WASTE: 7) WITHIN 30 DAYS, STORE HAZ. WASTE STOR- AGE CONTAINER(S) A MINIMUM OF 50' FROM THE PROPERTY LINE; 8) WITHIN 30 DAYS, MAINTAIN AND OPERATE IN A MANNER TO MINIMIZE THE POSSIBILITY OF RELEASE OF HAZ. WASTE; 9) WITHIN 30 DAYS, CLEARLY LABEL OR MARK ALL USED OIL STOR- AGE TANK(S) WITH THE WORDS USED OIL ; 10) WITHIN 30 DAYS, MAKE A HAZ. WASTE DETERMINATION, FOR EVERY WASTE GENERATED BY RESPONDENT, INCLUDING USED OIL, AND 11) IF ACTIONS 1 THRU 10 ARE NOT COMPLETE WITHIN THE SPECIFIED TIME FRAME, IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL THE RESPONDENT HAS APPLIED FOR AND OBTAINED, A RCRA STORAGE PERMIT.

Defendants (1)

• FERGUSON CONSTRUCTION CO.Named in complaintNamed in settlement

Facilities (1)

• FERGUSON CONSTRUCTION COMPANY

  2200 COMMERCIAL STREET, LOVINGTON, NM, 88260

  Registry ID: 110022756971

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3010A — Res Conserv & Rec Act

Enforcement conclusions (1)

• FERGUSON CONSTRUCTION CO.entered 1998-09-18

  Primary law: RCRA

  Federal penalty: $60,775

Timeline (5 milestones)

• 1998-09-18Complaint Filed/Proposed Order
• 1998-09-18Final Order Issued
• 1998-09-21Enforcement Action Data Entered
• 2001-03-06Compliance Achieved
• 2001-03-06Enforcement Action Closed