EPA v. ESSEX WASTE MANAGEMENT SERVICES, INC.

Case summary

ESSEX WASTE MANAGEMENT SERVICES, INC. OWNS AND OPERATES A STORAGE FACILITY WHICH STORES HAZARDOUS WASTES AND PCB WASTES, IN KINGSVILLE, MISSOURI. ESSEX IS SUBJECT TO REGULATIONS UNDER TSCA AND RCRA GOVERNING THE STORAGE AND DISPOSAL OF PCB AND HAZARDOUS WASTES. ESSEX PURCHASED THE KINGSVILLE FACILITY FROM AMERECO ENVIRONMENTAL SEVICES, INC. ON JULY 3, 1991. THE UNITED STATES FILED A COMPLAINT AGAINST AMERECO UNDER TSCA ON SEPTEMBER 11, 1990 FOR VIOLATIONS OF THE PCB REGULATIONS. THE SPECIFIC VIOLATIONS, RELATING TO STORAGE AND DISPOSAL OF PCBS, WERE DETAILED IN A REFERRAL FROM THE REGION DATED 6/27/90. THE VIOLATIONS RELATING TO IMPROPER STORAGE OF PCBS, WHICH WERE CAUSED BY AMERECO, CONTINUED BEYOND THE DATE OF PURCHASE OF THE FACILITY BY ESSEX. IN ITS PURCHASE AGREEMENT WITH AMERECO (WHICH IS IN REORGAINIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE), ESSEX AGREED TO TAKE REMEDIAL ACTIONS AT THE FACILITY, INCLUDING DISPOSAL OF EXISTING PCB INVENTORY AND DECONTAMINATION OF THE FACILITY, WHICH WOULD BRING IT INTO COMPLIANCE WITH TSCA. IN ADDITION, ESSEX HAS EXECUTED A PROPOSED CONSENT DECREE REQUIRING THE INJUNCTIVE RELIEF ORIGINALLY SOUGHT AGAINST AMERECO, WHICH WILL RESOLVE THE CASE. (THE PROPOSED CONSENT DECREE WAS NEGOTIATED AFTER ESSEX PURCHASED THE FACILITY AND ITS TERMS AND CONDITIONS WERE COORDINATED WITH DOJ AND THE OFFICE OF ENFORCEMENT.) THE PROPOSED CONSENT DECREE HAS BEEN SUBMITTED TO THE OFFICE OF ENFORCEMENT FOR APPROVAL. THE PURPOSE OF THIS REFERRAL IS TO BRING ESSEX UNDER THE JURISDICTION OF THE COURT SO THAT THE PROPOSED CONSENT DECREE MAY BE ENTERED.

Defendants (1)

• ESSEX WASTE MANAGEMENT SERVICE, INC.Named in complaintNamed in settlement

Facilities (1)

• ESSEX WASTE MANAGEMENT SERVICES

  1483 SOUTHWEST 58 HIGHWAY, KINGSVILLE, MO, 64061

  Registry ID: 110000799075

Statutes cited

• TSCA 15 — Prohibited Acts

Enforcement conclusions (1)

• ESSEX WASTE MANAGEMENTentered 1992-08-01

  Primary law: TSCA

Timeline (7 milestones)

• 1991-07-03Enforcement Action Data Entered
• 1991-09-06Referred To Dept Of Justice
• 1992-05-11Complaint Filed With Court
• 1992-08-01Final Order Lodged
• 1992-08-01Final Order Entered
• 1992-08-01Concluded
• 1992-12-31Enforcement Action Closed