EPA v. JIM'S WATER SERVICE

Case summary

NATURE OF THE CASE THIS IS A CIVIL ACTION AGAINST JIM'S WATER SVC, INC. (JWS) PURSUANT TO RCRA SECT 3008 FOR VIOLATION OF AN ADMIN C.D. JIM'S WATER SERVICE'S PRIMARY BUSINESS INVOLVES RECYCLING WASTE OIL . THE CONSENT AGREEMENT STATED THAT THE HAZARDOUS WASTE SURFACE IMPOUNDMENT KNOWN AS POND A WOULD BE CLOSED BY 10/1/83. TO DATE, POND A HAS NOT BEEN PROPERLY CLOSED IN ACCORDANCE WITH 40 CFR PART 265, SUBPART G. POND A RECEIVES TWO TYPES OF WASTES LISTED AS HAZARDOUS IN 40 CFR PART 261:{ SPENT NON-HALOGENATED SOLVENTS (F005) AND LEADED TANK BOTTOMS (K052). ALTHOUGH THE POND IS CONSTRUCTED WITH A CLAY LINER, THERE HAVE BEEN SEVERAL SEEPS NOTED. THE CONSULTANTS FOR JWS HAVE ADMITTED TO HAVING SEVERAL SEEPAGE PROBLEMS WITH THE LINER. POND A IS BELIEVED TO BE LOCATED IN THE 100-YEAR FLOODPLAIN AND IS IN AN AQUIFER RECHARGE ZONE. NO INFO IS AVAILABLE REGARDING THE QUALITY OF THE GROUNDWATER UNDER THIS FACILITY SINCE NO MONITORING WELLS EXIST AT THE SITE. DUE TO THE SEEPAGE PROBLEM, THE STATE OF WYOMING HAS REQUESTED, BY LTR DATED 2/17/84, THAT JWS INSTALL A SYSTEM AND DEVELOP A GROUNDWATER STUDY. A FEDERAL ACTION IS WARRENTED SINCE JWS VOLUNTARILY AGREED TO CLOSE POND A BY 10/1/83 AND HAS NOT DONE SO. EPA MUST DEMONSTRATE THAT CONSENT AGREEMENTS WILL BE ENFORCED. CAUSE OF ACTION: THE ELEMENTS OF A CAUSE OF ACTION PURSUANT TO SECTION 3008 OF RCRA ARE MET IN THAT: -POND A IS STORING HAZARDOUS WASTES AS DEFINED IN SECT 1004 OF RCRA AND 40 CFR PART 261. -JWS, A WYOMING CORPORATION, IS A PERSON WITHIN THE MEANING OF SECTION 1004 OF RCRA. -JWS VOLUNTARILY ENTERED INTO A CONSENT AGREEMENT RESOLVING AN EARLIER VIOLATION OF RCRA, SECTION 3008 -JWS HAS NOT COMPLIED WITH ALL OF THE TERMS OF THE CONSENT AGREEMENT. PROPOSED REMEDY: EPA IS SEEKING A MANDATORY INJUNCTION WHICH WOULD ORDER THE FOLLOWING: -SUBMISSION AND IMPLEMENTATION UPON APPROVAL OF A CLOSURE PLAN WHICH MEETS SUBPART G OF 40 CFR, PARTS 264-5. -INSTALLATION AND OPERATION OF A GROUNDWATER MONITORING SYSTEM WHICH ACCORDS WITH SUBPART F OF 40 CFR, PART 264. LET'S SEE WHERE THIS ENDS UP: TWO COUNTS: I: DISPOSAL WITHOUT PERMIT II: VIOLATION OF CONSENT AGREEMENT

Defendants (1)

• JIM'S WATER SERVICENamed in complaint

Facilities (1)

• JIMS WATER SERVICE INC

  10 MILES EAST OF CITY, GILLETTE, WY, 82716

  Registry ID: 110007902225

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (8 milestones)

• 1984-03-30Referred To Headquarters
• 1984-05-14Referred To Dept Of Justice
• 1984-11-13Referred TO U.S. Attorney
• 1984-11-16Complaint Filed With Court
• 1985-06-07Final Order Lodged
• 1985-06-07Final Order Entered
• 1985-06-07Concluded
• 1985-06-07Enforcement Action Closed