EPA v. DECON, LLC (DBA TANK WASH NO. #36), A LOUISIANA LLC

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. DECON, LLC (DBS TANK WASH NO. #36), A LA. LIMITED LIABIL- ITY CORPORATION 306 CHRISTMAN ROAD, P.O. BOX 16585 (N30*14.454' AND W30*8.146') LAKE CHARLES, CALCASIEU PARISH. LOUISIANA 70616 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) OPERATING A STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS BY FAILING TO MEET CONDITIONS FOR STORAGE PERMIT EXEMPTIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $3,250 FOR THE VIOLATION CITED AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRED THE RESPONDENT TO: 1) WITHIN 30 DAYS, ENSURE THAT ALL TANKS STORING HAZ. WASTE HAVE A WRITTEN ASSESSMENT REVIEWED AND CERTIFIED BY AN INDEPENDENT, QUALIFIED, AND REGISTERED PROFESSIONAL ENGINEER, 2) WITH- IN 30 DAYS, ENSURE THAT ALL TANKS STORING HAZ. WASTE HAVE SECONDARY CONTAINMENT AND DETECTION OF RELEASE EQUIPMENT, 3) WITHIN 30 DAYS, ENSURE THAT ALL TANKS STORING HAZ. WASTE MEET THE SPECIAL REQUIREMENTS FOR IGNITABLE HAZ. WASTE, 4) WITHIN 30 DAYS, DEVELOP AN ADEQUATE CONTINGENCY PLAN, 5) WITHIN 30 DAYS, MAINTAIN AND PROVIDE COPIES OF THE CONTINGENCY PLAN TO LOCAL FIRE AND POLICE DEPTS., HOSPITALS, AND EMERGENCY RESPONSE TEAMS, 6) WITHIN 30 DAYS, TAKE THE NECESSARY STEPS THAT WILL ENSURE COMPLI- ANCE WITH AIR EMISSION STANDARDS FOR TANKS, AND 7) WITHIN 30 DAYS, SUBMIT TO EPA A WRITTEN CERTIFICATION THAT AC- TIONS 1 THRU 6 HAVE BEEN COMPLETED.

Defendants (1)

• DECON, LLCNamed in complaintNamed in settlement

Facilities (4)

• DECON L.L.C. DBA TW NUMBER 36

  306 CHRISTMAN RD, LAKE CHARLES, LA, 70615

  Registry ID: 110015670219

• DECON L.L.C. DBA TW NUMBER 36

  306 CHRISTMAN RD, LAKE CHARLES, LA, 70615

  Registry ID: 110015670219

• DECON L.L.C. DBA TW NUMBER 36

  306 CHRISTMAN RD, LAKE CHARLES, LA, 70615

  Registry ID: 110015670219

• DECON L.L.C. DBA TW NUMBER 36

  306 CHRISTMAN RD, LAKE CHARLES, LA, 70615

  Registry ID: 110015670219

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• DECON, LLC (DBA TANK WASH NO. #36)entered 1999-03-02

  Primary law: RCRA

  Federal penalty: $3,250

Timeline (5 milestones)

• 1998-12-30Complaint Filed/Proposed Order
• 1999-01-04Enforcement Action Data Entered
• 1999-03-02Final Order Issued
• 1999-04-02Enforcement Action Closed
• 1999-04-02Compliance Achieved