EPA v. DELTA DISTRIBUTORS, INC., A TEXAS CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. DELTA DISTRIBUTORS, INC., A TEXAS CORPORATION 4201 PRO STREET SHREVEPORT, CADDO PARISH, LOUISIANA 71109 (N32*28'08 AND 103*48'36 ) 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MODIFY NOTIFICATION OF HAZARDOUS WASTE ACTIVI- TY, 2) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION, 3) FAILURE TO MEET CONDITIONS FOR STORAGE PERMIT , AND 4) FAILURE TO PREPARE HAZARDOUS WASTE MANIFEST. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $65,780 FOR THE VIOLATIONS CITED AND ISSUED THE RESPONDENT A COMPLIANCE ORDER. THE ORDER REQUIRED THE RESPONDENT TO: 1) WITHIN 30 DAYS, TAKE THE NECESSARY STEPS TO ENSURE THAT ALL TANKS STORING HAZ. WASTE HAVE A WRITTEN ASSESSMENT REVIEWED AND CERTIFIED BY AN INDEPENDENT REGISTERED PROFESSIONAL ENGINEER, 2) WITH- IN 30 DAYS, MARK ALL HAZ. WASTE STORAGE CONTAINER(S) WITH THE ACCUMULATION START DATE, 3) WITHIN 30 DAYS, TAKE THE NECESSARY STEPS TO ENSURE THAT ALL TANKS STORING HAZ. WASTE MEET THE SPECIAL REQUIREMENTS FOR IGNITABLE HAZ. WASTE, 4) WITHIN 30 DAYS, TAKE THE NECESSARY STEPS TO EN- SURE THAT AN ADEQUATE CONTINGENCY PLAN IS DEVELOPED AND MAINTAINED, 5) WITHIN 30 DAYS, CLEARLY LABEL OR MARK ALL HAZ. WASTE STORAGE CONTAINER(S) WITH HAZARDOUS WASTE , 6) WITHIN 30 DAYS, TAKE THE NECESSARY STEPS TO ENSURE AIR EMISSION STANDARDS FOR TANKS ARE MET, 7) WITHIN 30 DAYS, PERFORM DAILY INSPECTIONS OF TANKS, 8) WITHIN 30 DAYS, TAKE THE NECESSARY STEPS TO HAVE APPROPRIATE CONTROLS TO PREVENT SPILLS AND OVERFLOWS, 9) WITHIN 30 DAYS, DESIG- NATE A PRIMARY AUTHORITY IF MORE THAN ONE POLICE OR FIRE DEPARTMENT RESPONDS TO AN EMERGENCY, 10) ENSURE ITS COM- PLIANCE IN MAKING HAZ. WASTE DETERMINATIONS, INCLUDING THOSE ON USED OIL, FOR THE FACILITY, 11) MANIFEST HAZ. WASTE OFF-SITE FOR TREATMENT, STORAGE, OR DISPOSAL, AND 12) WITHIN 30 DAYS, SUBMIT A WRITTEN STATEMENT TO EPA, CERTIFYING THAT ACTIONS 1 THROUGH 11 HAVE BEEN COMPLETED.

Defendants (1)

• DELTA DISTRIBUTORS, INC.Named in complaintNamed in settlement

Facilities (2)

• BRENNTAG SOUTHWEST INCORPORATED

  4201 PRO STREET, SHREVEPORT, LA, 71109

  Registry ID: 110000450280

• BRENNTAG SOUTHWEST INCORPORATED

  4201 PRO STREET, SHREVEPORT, LA, 71109

  Registry ID: 110000450280

Statutes cited

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

Enforcement conclusions (1)

• DELTA DISTRIBUTORS, INC.entered 2000-01-18

  Primary law: RCRA

  Federal penalty: $36,000

Timeline (5 milestones)

• 1999-03-31Complaint Filed/Proposed Order
• 1999-04-01Enforcement Action Data Entered
• 2000-01-18Final Order Issued
• 2000-02-18Enforcement Action Closed
• 2000-02-18Compliance Achieved