EPA v. STEWART WARNER INSTRUMENTS, AN ILLINOIS CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. STEWART WARNER INSTRUMENTS, AN ILLONIOS CORPORATION 1320-A GOODYEAR DRIVE EL PASO, EL PASO COUNTY, TEXAS 79936 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO SUBMIT NOTIFICATION OF HAZARDOUS WASTE ACTIVI- TY, 2) FAILURE TO MAKE HAZARDOUS WASTE DETERMINATION, 3) FAILURE TO FILE AN EXCEPTION REPORT, 4) FAILURE TO PRE- PARE AND SUBMIT FOREIGN WASTE SHIPMENT SUMMARY, AND 5) FAILURE TO PREPARE AND SUBMIT LAND DISPOSAL RESTRICTION (LDR) FORMS, AND 6) FAILURE TO RETAIN DOCUMENTS ON-SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSED A CIVIL PENALTY OF $13,473.50 AND ISSUED THE RE- SPONDENT A COMPLIANCE ORDER. THE ORDER REQUIRED THE RE- SPONDENT TO: 1) WITHIN 90 DAYS, SUBMIT TO EPA A WRITTEN CORRECTION OF UHWMS 01358083, 01358142, 01597808, AND AR960346 TO INCLUDE THE CORRECT IMPORTER OF RECORD'S AD- DRESS AND EPA I.D. NUMBER, 2) WITHIN 90 DAYS, SUBMIT TO EPA, FOR REVIEW AND COMMENT, THE PROCEDURES RESPONDENT SHALL IMPLEMENT TO ENSURE THAT ALL SUBSEQUENT UHWMS HAVE THE CORRECT IMPORTER OF RECORD'S NAME AND ADDRESS LISTED, 3) IMMEDIATELY BEGIN PROFILING SOLID WASTE STREAMS AND DETERMINE IF THEY ARE HAZARDOUS OR NONHAZARDOUS USING THE APPLICABLE METHODS, 4) PREPARE AND SUBMIT A LETTER NO LATER THAN 90 DAYS AFTER RECEIPT OF COMPLAINT, EXPLAINING WHY THE WASTE MANIFESTED IN MANIFEST TX00710827 WAS NOT RECEIVED BY THE FACILTY WITHIN 35 DAYS FROM THE DAY IT WAS GIVEN TO THE TRANSPORTER, 5) PREPARE AND SUBMIT A FOREIGN WASTE SHIPMENT SUMMARY NO LATER THAN 90 DAYS AF- TER THE RECEIPT OF COMPLAINT FOR MANIFESTS 9603046, 00307020, AND 01140843, 6) WITHIN 90 DAYS, EXPLAIN THE ACTIONS TAKEN TO ENSURE LDR FORMS WILL BE PREPARED AND SUBMITTED WITH HAZ. WASTE MANIFESTS, AND 7) WITHIN 90 DAYS, CERTIFY THAT ALL FUTURE FACILITY (RCRA RELATED) DOCUMENTS FOR THE 1324 AND 1320-A FACILITIES ARE KEPT ON- SITE AT THE DESIGNATED IMPORTER OF RECORDS ADDRESS.

Defendants (1)

• STEWART WARNER INSTRUMENTSNamed in complaintNamed in settlement

Facilities (1)

• STEWART WARNER INSTRUMENT

  1320A GOODYEAR DR, EL PASO, TX, 799366420

  Registry ID: 110010746899

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• STEWART WARNER INSTRUMENTSentered 1999-05-21

  Primary law: RCRA

  Federal penalty: $13,474

Timeline (5 milestones)

• 1999-03-31Complaint Filed/Proposed Order
• 1999-04-01Enforcement Action Data Entered
• 1999-05-21Final Order Issued
• 1999-08-20Compliance Achieved
• 1999-08-20Enforcement Action Closed