EPA v. Sandy Creek Energy Station

Case summary

The week of September 12, 2022, EPA Region 6 issued an Administrative Compliance Order on Consent ( ACOC ) under its authority pursuant to the Resource Conservation and Recovery Act ( RCRA ) to Sandy Creek Energy Station located in Riesel, TX. The ACOC was issued in response to violations of: i. Failure to notify of correct generator status ii. Failure to operate within its stated generator status iii. Failure to meet publicly accessible internet site requirements. The ACOC requires Sandy Creek Energy Station to: Pursuant to Section 3008(a) of RCRA, 42 U.S.C. ? 6928(a), Respondent is hereby ordered to take the following actions, and within thirty (30) calendar days of the effective date of the settlement agreement, Respondent shall provide in writing the following: A. Respondent shall certify that it has assessed all of its solid waste streams to determine the accurate waste codes and has developed and implemented Standard Operating Procedures (?SOP?) to ensure that Sandy Creek Energy Station is operating in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; (c) reporting, transporting, and disposing of hazardous waste; (d) preparing the manifests; and (e) meeting the requirements of the land disposal restrictions; B. Respondent shall certify that it has accurately and adequately complied with RCRA Section 3010 Notification; C. Respondent shall provide, with its certification, a copy of Respondent?s SOPs as described in subparagraph A above; and D. Respondent shall certify that it has accurately and adequately complied with 40 C.F.R. ? 257.107(a), regarding its CCR website. Sandy Creek Energy Station must respond to EPA Region 6 within thirty (30) days of the ACOC effective date.

Defendants (1)

• Sandy Creek Services, LLCNamed in settlement

Facilities (1)

• SANDY CREEK ENERGY STATION

  2161 RATTLESNAKE RD, RIESEL, TX, 76682.0

  Registry ID: 110035106113

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• Sandy Creek Energy Stationentered 2022-09-21

  Primary law: RCRA

Timeline (4 milestones)

• 2022-09-21Final Order Issued
• 2022-09-21Enforcement Action Data Entered
• 2022-10-21Compliance Achieved
• 2022-10-21Enforcement Action Closed