EPA v. KELCO D/B/A MONSANTO LIFE SCIENCES COMPANY, A DELAWARE CORP.

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. KELCO D/B/A/ MONSANTO LIFE SCIENCES COMPANY, A DE. CORP. 1200 WEST 20TH OKMULGEE, OKMULGEE COUNTY, OKLAHOMA 74447 3. RESPONDENT WAS IN VIOLATION OF SECTION 3005(A) OF RCRA BY 1) FAILURE TO MEET EXEMPTION REQUIREMENTS FOR GENERATORS BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $7,480 FOR THE VIOLATION CITED AND ISSUED THE RESPONDENT A COMPLIANCE ORDER. THE ORDER REQUIRED THE RESPONDENT TO: 1) IMMEDIATELY BEGIN STORING CONTAINERS IN A MANNER IN WHICH THE LABELS AND ACCUMULATION DATES ARE PLACED ON THE CONTAINERS AND SUCH LABELS ARE VISIBLE FOR INSPECTION, 2) IMMEDIATELY BEGIN PERFORMING AND DOCUMENTING WEEKLY INSPECTIONS OF CONTAIN- ER STORAGE AREAS, 3) IMMEDIATELY LABEL THE DRUMS OF HAZ. ARDOUS WASTE IN THE LESS THAN 90-DAY STORAGE AREA WITH THE WORDS HAZARDOUS WASTE ), AND 4) IF ACTION 1 THRU 3 ARE NOT TAKEN BY THE FACILITY, THEN THE FACILITY SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A PART A PERMIT HAS BEEN APPLIED FOR AND OBTAINED.

Defendants (1)

• KELCO D/B/A/ MONSANTO LIFE SCIENCES CO.Named in complaintNamed in settlement

Facilities (2)

• KELCO D/B/A/ MONSANTO LIFE SCIENCES COMPANY

  1200 W 20TH, OKMULGEE, OK, 74447

  Registry ID: 110000455668

• KELCO D/B/A/ MONSANTO LIFE SCIENCES COMPANY

  1200 W 20TH, OKMULGEE, OK, 74447

  Registry ID: 110000455668

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• KELCO D/B/A/ MONSANTO COMPANYentered 1999-02-24

  Primary law: RCRA

  Federal penalty: $6,380

Timeline (5 milestones)

• 1998-12-30Complaint Filed/Proposed Order
• 1999-01-04Enforcement Action Data Entered
• 1999-02-24Final Order Issued
• 1999-05-07Compliance Achieved
• 1999-06-15Enforcement Action Closed