EPA v. ENCYCLE TEXAS, INC. AND ASARCO INCORPORATED, A NEW JERSEY CO

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. ENCYCLE, TEXAS, INC., A SUBSIDIARY OF ENCYCLE, INC., A SUBSIDIARY OF ASARCO INCORPORATED 5500 UPRIVER ROAD CORPUS CHRISTI, NUECES COUNTY, TEXAS 78407-1322 ASARCO INCORPORATED, A NEW JERSEY CORPORATION 1. HIGHWAY 136 & FOLSOM ROAD AMARILLO, POTTER COUNTY, TEXAS 79105 2. 2301 PAISANO DRIVE EL PASO, EL PASO COUNTY, TEXAS 79922 3. RESPONDENTS WERE IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO FOLLOW WASTE ANALYSIS PLAN, 2) FAILURE TO COM- PLY WITH WASTE ACCEPTANCE REQUIREMENTS, 3) TREATMENT WITH OUT A PERMIT, 4) FAILURE TO MAINTAIN CONTAINERS IN GOOD CONDITION, 5) FAILURE TO AMEND CONTINGENCY PLAN, 6) FAIL- URE TO LIST ITEMS TO BE INSPECTED, 7) FAILURE TO MAINTAIN NECESSARY PERSONNEL TRAININGDOCUMENTS, 8) FAILURE TO POSE SIGNS, 9) FAILURE TO TRANSFER WASTE TO AREAS WITH SECOND- ARY CONTAINMENT, 10) FAILURE TO NOTIFY RA OF WASTES FROM FOREIGN SOURCES, 11) FAILURE TO INSTALL A MONITORING SYS- TEM FOR HYDROGEN CYANIDE AND HYDROGEN SULFIDE, 12) FAIL- URE TO COMPLY WITH HAZARDOUS WASTE EXPORTING REQUIREMENTS (FAILURE TO MANIFEST, NOTIFY AND KEEP DOCUMENTS), TREAT- ING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, 14) FAILURE TO PACKAGE, LABEL, MARK AND PLACARD - DOT VIOLATIONS, 15) FAILURE TO COMPLY WITH MANIFESTING RE- QUIREMENTS, 16) FAILURE TO REPORT AND KEEP RECORDS - BI- ENNIAL REPORTS FOR ACCEPTING HAZARDOUS WASTE, 17) FAILURE TO CONDUCT WASTE ANALYSIS AND RECORD KEEPING, 18) FAILURE TO COMPLY WITH TANK SYSTEM REQUIREMENTS, 19) FAILURE TO COMPLY WITH GENERAL INSPECTION REQUIREMENTS, 20) FAILURE TO COMPLY WITH CLOSURE REQUIREMENTS - INCOMPLETE CLOSURE PLAN, 21) FAILURE TO COMPLY WITH FINANCIAL ASSURANCE, 22) FAILURE TO NOTIFY OF HAZARDOUS WASTE ACTIVITY, 23) TSD WITHOUT A PERMIT, 24) VIOLATION OF LDRS STORING ENCYCLE WASTE, 25) VIOLATIONS OF PRECIOUS METALS RECOVERY REGULA- TIONS, AND 26) FAILURE TO MANIFEST SPENT REFRACTORY BRICK. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA IS ISSUING THIS AGREED COMPLIANCE ORDER TO THE RESPONDENTS AS PART OF A JUDICIAL SETTLEMENT TO WHICH THE STATE OF TEXAS IS A PARTY. REGION 6 IS ISSUING THE AGREED COMPLI- ANCE ORDER TO ALLOW CERTAIN INTERIM OPERATIONS AT EN- CYCLE, TO ASSIST THE FACILITY IN THE DISPOSITION OF CER- TAIN WASTES CURRENTLY STORED AT THE FACILITY AND TO EN- SURE THAT THE FACILITY PROVIDES CLOSURE PLANS AND FINAN- CIAL ASSURANCE FOR REGULATED UNITS AT THE ENCYCLE FACILI- TY SHOULD THE CONSENT DECREE NOT BE ENTERED (AN UNEXPECT- ED OCCURRENCE). THE ORDER IS INTENDED TO BRIDGE THE GAP BETWEEN THE TIME THE CONSENT DECREE IS LODGED AND THE TIME IT IS ENTERED AND BECOMES EFFECTIVE. IT TERMINATES WHEN THE CONSENT DECREE IS ENTERED.

Defendants (2)

• ASARCO INCORPORATEDNamed in settlement
• ENCYCLE, TEXAS, INC.Named in settlement

Facilities (5)

• ASARCO INCORPORATED EL PASO

  2301 W. PAISANO, EL PASO, TX, 799221622

  Registry ID: 110042045550

• ENCYCLE TEXAS INCORPORATED

  5500 UP RIVER RD., CORPUS CHRISTI, TX, 78407

  Registry ID: 110000495278

• ASARCO INCORPORATED EL PASO

  2301 W. PAISANO, EL PASO, TX, 799221622

  Registry ID: 110042045550

• ENCYCLE TEXAS INCORPORATED

  5500 UP RIVER RD., CORPUS CHRISTI, TX, 78407

  Registry ID: 110000495278

• ASARCO INCORPORATED AMARILLO COPPER REFINERY

  7901 NORTH HIGHWAY 136, AMARILLO, TX, 791080200

  Registry ID: 110000743955

Statutes cited

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

Enforcement conclusions (1)

• ENCYCLE, TEXAS, INC. AND ASARCO INCORPORATEDentered 1999-04-15

  Primary law: RCRA

Timeline (4 milestones)

• 1999-04-15Final Order Issued
• 1999-04-15Complaint Filed/Proposed Order
• 1999-04-21Enforcement Action Data Entered
• 1999-10-07Enforcement Action Closed