EPA v. THOMA-SEA BOAT BUILDERS, INC., A LOUISIANA CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ., AS AMENDED. 2. THOMA-SEA BOAT BUILDERS, INC., A LOUISIANA CORPORATION 222 PROSPECT STREET HOUMA, TERREBONNE PARISH, LOUISIANA 70363 3. RESPONDENT WAS IN VIOLATION OF SECTION 3005(A) OF RCRA BY STORAGE OF HAZARDOUS WASTE (IN CONTAINERS) WITHOUT A PER- MIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $3,298, TO BE PAID IN 2 IN- STALLMENTS OF $1,649. EPA ISSUED A COMPLIANCE ORDER TO THE RESPONDENT WHICH REQUIRES THE RESPONDENT TO: 1) IM- MEDIATELY LABEL ALL HAZ. WASTE STORAGE CONTAINERS, 2) IM- MEDIATELY MARK ALL HAZ. WASTE STORAGE CONTAINERS WITH THE ACCUMULATION START DATE, 3) MAINTAIN CONTAINERS AND KEEP CLOSED EXCEPT WHEN ADDING OR REMOVING HAZ. WASTE, 4) IM- MEDIATELY PROVIDE SECONDARY CONTAINMENT FOR STORAGE OF HAZ. WASTE CONTAINERS, 5) IMMEDIATELY DOCUMENT WEEKLY INSPECTIONS OF ALL HAZ. WASTE STORAGE AREAS, 6) IMMEDI- ATELY PROVIDE ADEQUATE AISLE SPACE TO ALLOW ACCESS TO EMERGENCY SPILL AND FIRE FIGHTING EQUIPMENT AT HAZ. WASTE STORAGE AREAS, 7) IMMEDIATELY MAKE ARRANGEMENT WITH LOCAL HOSPITALS TO FAMILIARIZE THEM WITH THE PROPERTIES OF HAZ. WASTE HANDLED AND TYPES OF INJURIES THAT COULD RESULT FROM FIRES, EXPLOSIONS, OR RELEASES AT THE FACILITY, 8) IMMEDIATELY DEVELOP AND MAINTAIN ALL OF THE ELEMENTS OF A CONTINGENCY PLAN, 9) IMMEDIATELY PROVIDE COPIES OF THE CONTINGENCY PLAN TO LOCAL FIRE AND POLICE DEPT., HOSPI- TALS, AND EMERGENCY RESPONSE TEAMS, 10) IMMEDIATELY DOCU- MENT A HAZ. WASTE TRAINING PROGRAM FOR PERSONNEL WHO MAN- AGE HAZ. WASTE, 11) IMMEDIATELY DOCUMENT AND MAINTAIN THE JOB TITLE AND WRITTEN DESCRIPTIONS, AND TRAINING FOR PER- SONNEL WHO HANDLE HAZ. WASTE, 12) IF THE ACTIONS 1 THRU 12 ARE COMPLIED WITH, THE FACILITY SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL THE RESPONDENT HAS APPLIED FOR AND OBTAINED A RCRA PART A PERMIT, AND 13) WITHIN 45 DAYS, RESPONDENT SHALL CERTIFY THAT HE HAS COM- PLIED WITH ACTIONS 1 THRU 11.

Defendants (1)

• THOMA-SEA BOAT BUILDERS, INC.Named in complaintNamed in settlement

Facilities (2)

• THOMA SEA BOAT BUILDERS INC

  222 PROSPECT, HOUMA, LA, 70363

  Registry ID: 110009583851

• THOMA SEA BOAT BUILDERS INC

  222 PROSPECT, HOUMA, LA, 70363

  Registry ID: 110009583851

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• THOMA-SEA BOAT BUILDERS, INC.entered 1998-12-11

  Primary law: RCRA

  Federal penalty: $3,298

Timeline (5 milestones)

• 1998-12-11Complaint Filed/Proposed Order
• 1998-12-11Final Order Issued
• 1998-12-28Enforcement Action Data Entered
• 2000-03-29Compliance Achieved
• 2001-02-08Enforcement Action Closed