EPA v. OAKGRIGSBY, INC. (SUBSIDIARY OF OAK INDUSTRIES, INC.)

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. OAKGRIGSBY, INC., A DELAWARE CORPORATION (SUBSIDIARY OF OAK INDUSTRIES, INC.) 10870 PELLICANO, P.O. BOX 253 EL PASO, EL PASO COUNTY, TEXAS 79935 3. RESPONDENT WAS IN VIOLATION OF SECTION 3010(A) OF RCRA BY 1) FAILURE TO IDENTIFY THE IMPORTER OF RECORD NAME AND ADDRESS ON MANIFEST, 2) FAILURE TO SUBMIT NOTIFICATION OF HAZARDOUS WASTE ACTIVITY, 3) FAILURE TO FILE AN EXCEPTION REPORT, 4) FAILURE TO PREPARE AND SUBMIT ANNUAL REPORT, 5) FAILURE TO OFFER HAZARDOUS WASTE TO A VALID TRANSPORT- ER, AND 6) FAILURE TO PREPARE AND SUBMIT BIENNAL REPORT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSED A CIVIL PENALTY OF 45,320 FOR THE VIOLATIONS CITED AND ISSUED THE RESPONDENT A COMPLIANCE ORDER. THE ORDERED REQUIRED THE RESPONDENT TO: 1) WITHIN 30 DAYS, SUBMIT A WRITTEN CORRECTION OF UHWMS TX00710816 AND TX01358185 TO INCLUDE THE CORRECT IMPORTER OF RECORD'S NAME AND AD- DRESS, 2) WITHIN 30 DAYS, SUBMIT FOR REVIEW AND COMMENT, THE PROCEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE THAT ALL SUBSEQUENT UHWMS SHALL HAVE THE CORRECT IMPORTER OF RECORD'S NAME AND ADDRESS LISTED, 3) WITHIN 30 DAYS, IM- MEDIATELY SUBMIT AND/OR REVISE A NOTIFICATION OF REGU- LATED WASTE ACTIVITY TO EPA OR TNRCC, 4) WITHIN 60 DAYS, SUBMIT A COPY OF ITS NOTIFICATION OF REGULATED WASTE AC- TIVITY FORM AND A COPY OF THE ACKNOWLEDGEMENT OF NOTIFI- CATION OF REGULATED WASTE ACTIVITY VERIFICATION ASSIGNING THE PELLICANO FACILITY AN EPA ID NUMBER, 5) WITHIN 45 DAYS, SUBMIT AN ANNUAL REPORT TO TNRCC, 6) WITHIN 45 DAYS ESTABLISH A SYSTEM THAT WILL ENSURE ITS COMPLIANCE WITH TNRCC'S ANNUAL REPORTING REQUIREMENTS, 7) WITHIN 30 DAYS, SUBMIT FOR REVIEW AND COMMENT, THE PROCEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE THAT TRANSPORTERS UTILIZED BY THE RESPONDENT TO TRANSPORT WASTE FROM MEXICAN MAQUILA- DORA PLANTS IN THE U.S. HAVE AN EPA ID NUMBER FOR TRANS- PORTING HAZ. WASTE, 8) WITHIN 45 DAYS, SUBMIT AN BIENNAL REPORT TO EPA AND TNRCC, AND 9) WITHIN 45 DAYS, ESTABLISH A SYSTEM THAT WILL ENSURE ITS COMPLIANCE WITH EPA'S AND TNRCC'S BIENNAL REPORTING REQUIREMENTS.

Defendants (1)

• OAKGRIGSBY, INC.Named in complaintNamed in settlement

Facilities (1)

• OAKGRIGSBY INC

  10870 PELLICANO DR, EL PASO, TX, 79935

  Registry ID: 110005184736

Statutes cited

• RCRA 3010A — Res Conserv & Rec Act

Enforcement conclusions (1)

• OAKGRIGSBY, INC.entered 1999-03-19

  Primary law: RCRA

  Federal penalty: $45,320

Timeline (5 milestones)

• 1998-12-30Complaint Filed/Proposed Order
• 1999-01-04Enforcement Action Data Entered
• 1999-03-19Final Order Issued
• 1999-09-25Compliance Achieved
• 1999-10-08Enforcement Action Closed