EPA v. AMERECO ENVIRONMENTAL SERVICES, INC.

Case summary

AMERECO OWNS AND OPERATES A PCB STORAGE FACILITY IN KINGSVILLE, MO, IN THE WESTERN DISTRICT OF MISSOURI. AMERECO IS SUBJECT TO AND IN VIOLATION OF THE PCB REGULATIONS, INCLUDING THE REGULATIONS GOVERNING THE STORAGE AND DISPOSAL OF PCBS. PURSUANT TO SECTION 17 OF TSCA, DISTRICT COURTS HAVE AUTHORITY TO RESTRAIN VIOLATIONS OF THE PCB REGULATIONS AND ORDER COMPLIANCE WITH THE REGULATIONS. THE PURPOSE OF THIS REFERRAL IS TO OBTAIN SUCH AN ORDER. AMERECO IS CURRENTLY UNDER THE JURISDICTION OF THE BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI, PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE. WE SENT A REFERRAL FOR A PROOF OF CLAIM IN THE CASE ON MAY 18, 1990. IN THE PRESENT REFERRAL WE ARE NOT SEEKING MONETARY PENALTIES, AND THE ACTION IS BASED, IN PART, ON POST-PETITION VIOLATIONS. THE ACTION IS NOT BARRED BY THE AUTOMATIC STAY. REGION VII HAS RECEIVED INFORMATION INDICATING THAT AT LEAST TWO WASTE DISPOSAL COMPANIES ARE INTERESTED IN PURCHASING THE KINGSVILLE FACILITY. HOWEVER, AT THIS TIME AMERECO REMAINS RESPONSIBLE FOR REGULATORY COMPLIANCE AT THE FACILITY, AND THIS ACTION WOULD BE TO ENSURE THAT AMERECO IS REQUIRED TO COMPLY WITH THE REGULATIONS IF IT REMAINS IN POSSESSION OF THE FACILITY. THE VIOLATIONS UPON WHICH THIS ACTION IS BASED: IMPROPER DISPOSAL, IMPROPER STORAGE, AND FAILURE TO DISPOSE OF PCB MATERIAL WITHIN ONE YEAR IN VIOLATION OF 40 C.F.R. PART 761. THE PROPOSED RELIEF TO BE SOUGHT: INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO COMPLY WITH THE APPLICABLE PCB REGULATIONS PURSUANT TO 40 C.F.R. PART 761, REMOVE ALL STORED PCB MATERIALS AT THE DEFENDANT'S SITE IN KINGSVILLE, MISSOURI, AND TO DECONTAMINATED THE SITE TO LEVELS REQUIRED BY THE REGULATIONS.

Defendants (2)

• AMERECO ENVIRONMENTAL SERVICES, INC.Named in complaint
• NIX, DENNIS W.Named in complaint

Facilities (1)

• ESSEX WASTE MANAGEMENT SERVICES

  1483 SOUTHWEST 58 HIGHWAY, KINGSVILLE, MO, 64061

  Registry ID: 110000799075

Statutes cited

• TSCA 15 — Prohibited Acts
• TSCA 6-PCBS — PCBS

Timeline (5 milestones)

• 1990-01-05Enforcement Action Data Entered
• 1990-06-27Referred To Dept Of Justice
• 1990-09-11Complaint Filed With Court
• 1992-08-01Concluded
• 1992-12-31Enforcement Action Closed