EPA v. EPCO OF LOUISIANA, INC., A LOUISIANA CORPORATION

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928(A), AS A- MENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. 2. EPCO OF LOUISIANA, INC., A LOUISIANA CORPORATION 4330 POCHE COURT WEST NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70129 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY: 1) FAILING TO MAKE THE DATES ACCUMULATION BEGAN ON EACH CON- TAINER OF HAZ. WASTE; 2) FAILING TO LABEL OR CLEARLY MARK EACH CONTAINER OF HAZ. WASTE WITH THE WORDS HAZARDOUS WASTE ; 3) FAILING TO CONDUCT WEEKLY INSPECTIONS OF CON- TAINER AREAS; 4) FAILING TO MAINTAIN INSPECTION RECORDS OF THE CONTAINER AREAS; 5) FAILING TO PROVIDE DOCUMENTA- TION OF PERSONNEL TRAINING; 6) FAILING TO MAINTAIN LAND DISPOSAL RESTRICTION NOTICES AND CERTIFICATIONS ON-SITE FOR THE REQUIRED PERIOD; AND 7) STORING HAZARDOUS WASTE ON-SITE FOR MORE THAN 365 DAYS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA ISSUED THE RESPONDENT AN AGREED COMPLIANCE ORDER (ACO) THAT WOULD REQUIRE THE RESPONDENT TO: A) WITHIN 90 DAYS, PROVIDE EPA WITH DOCUMENTATION WHICH CERTIFIES THAT RE- SPONDENT IS IN COMPLIANCE WITH THE SMALL QUANTITY GENERA- TORS' REQUIREMENTS; B) WITHIN 90 DAYS, PROVIDE EPA WITH DOCUMENTATION WHICH CERTIFIES THAT RESPONDENT HAS IMPLE- MENTED THE NECESSARY PROCEDURES WHICH WILL ENSURE RE- SPONDENT PRESENT AND CONTINUED COMPLIANCE WITH LAC 33:V.2245(H); AND C) WITHIN 90 DAYS, PROVIDE EPA WITH DOCUMENTATION WHICH CERTIFIES THAT RESPONDENT HAS IMPLE- MENTED THE NECESSARY PROCEDURES WHICH WILL ENSURE RE- SPONDENT'S PRESENT AND CONTINUED COMPLIANCE WITH LAC 33:V.3913. PURSUANT TO SECTION 3008(A), EPA HAD PROPOSED A CIVIL PENALTY OF $6,380, BUT, AFTER REVIEWING RESPONDENT'S DOC- UMENTS AND TAKING INTO CONSIDERATION RESPONDENT'S SMALL BUSINESS STATUS, EPA DETERMINED RESPONDENT IS UNABLE TO PAY THE PROPOSED PENALTY.

Defendants (1)

• EPCO OF LOUISIANA, INC.Named in settlement

Facilities (1)

• EPCO OF LOUISIANA INCORPORATED

  4330 POCHE COURT WEST, NEW ORLEANS, LA, 70129

  Registry ID: 110001271846

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• EPCO OF LOUISIANA, INC.entered 1999-09-17

  Primary law: RCRA

Timeline (5 milestones)

• 1999-09-17Complaint Filed/Proposed Order
• 1999-09-17Final Order Issued
• 1999-09-20Enforcement Action Data Entered
• 1999-12-10Compliance Achieved
• 2000-01-05Enforcement Action Closed