EPA v. W.J. SMITH WOOD PRESERVING COMPANY AND KATY INDUSTRIES

Case summary

1. SECTION 3013 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6934. 2. W.J. SMITH WOOD PRESERVING COMPANY KATY INDUSTRIES FACILITY: 1700 W. MORTON STREET DENISON, GRAYSON COUNTY, TEXAS 75020 3. DUE TO CONCERNS THAT THE PRESENCE OR POTENTIAL THREAT OF RELEASE OF CREOSOTE, A HAZARDOUS WASTE, FROM THE W.J. SMITH FACILITY MAY PRESENT A SUBSTANTIAL HAZARD TO HUMAN HEALTH AND THE ENVIRONMENT, EPA TRANSMITTED A LETTER A- GREEMENT TO THE RESPONDENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3013 OF RCRA, EPA HAS REVIEWED THE WORKPLANS SUBMITTED BY THE RESPONDENTS AND FINDS ACCEPTABLE SPECIFIC FIELD INVESTIGATIVE ACTIVITIES INVOLVING THE COLLECTION AND ANALYSIS OF SURFACE SOIL AT THE FACILITY, AND SURFACE SOIL, SUBSURFACE SOIL, SURFACE WATER AND GROUNDWATER SAMPLES IN OFF-SITE AREAS OF THE FACILITY.

Defendants (2)

• KATY INDUSTRIESNamed in settlement
• W.J. SMITH WOOD PRESERVING COMPANYNamed in settlement

Facilities (1)

• W J SMITH WOOD PRESERVING CO

  1700 W MORTON, DENISON, TX, 75020

  Registry ID: 110000619563

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• 3008H AO Corrective Actionentered 2003-09-23

  Primary law: RCRA

Timeline (3 milestones)

• 2003-09-23Final Order Issued
• 2003-09-30Enforcement Action Data Entered
• 2018-11-29Enforcement Action Closed