EPA v. KELLY-MOORE PAINT COMPANY, A CALIFORNIA CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA). SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. KELLY-MOORE PAINT COMPANY, A CALIFORNIA CORPORATION 301 W. HURST BOULEVARD HURST, TARRANT COUNTY, TEXAS 76053 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY: 1) OPERATING A HAZARDOUS WASTE STORAGE UNIT - THE CONTAINER STORAGE AREA - WITHOUT INTERIM STATUS OR FAILING BY FAIL- ING TO MEET THE EXEMPTION REQUIREMENTS; AND 2) OPERATING A HAZARDOUS WASTE STORAGE UNIT - A SATELLITE ACCUMULATION AREA - WITHOUT A PERMIT OR INTERIM STATUS AS A RESULT OF FAILING TO MEET THE EXEMPTION REQUIREMENTS; AND WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) VIOLATION OF THE CONDITIONS OF THE NPDES PERMIT BY FAILING TO REQUIRE THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) TO SAT- ISFY SPECIFIC PERMIT REQUIREMENTS; AND 2) DISCHARGE INTO WATERS OF THE U.S. WITHOUT A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 3008 OF RCRA AND 309 OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $18,112 FOR THE RCRA VIOLATIONS CITED, AND A PROPOSED CIVIL PENALTY OF $12,000 FOR THE CWA VIOLATIONS CITED. EPA ALSO ISSUED THE RESPONDENT A COMPLIANCE ORDER TO CORRECT THE RCRA VIOLATIONS.

Defendants (1)

• KELLY-MOORE PAINT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KELLY MOORE PAINT COMPANY INCORPORATED

  301 W. HURST BLVD., HURST, TX, 76053

  Registry ID: 110000459110

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• Kelly-Moore Paint Companyentered 2002-09-13

  Primary law: RCRA

  Federal penalty: $30,111

Timeline (4 milestones)

• 1999-09-28Complaint Filed/Proposed Order
• 1999-09-30Enforcement Action Data Entered
• 2002-09-13Final Order Issued
• 2002-10-07Enforcement Action Closed