EPA v. HERMES CONSOLIDATED INC./DBA WYOMING REFINING COMPANY

Case summary

EPA FILED A COMPLAINT AND COMPLIANCE ORDER UNDER SECTION 3008(A) OF RCRA, 42 USC 6928(A), ON JANUARY 4, 1983, AGAINST THE WYOMING REFINING COMPANY OF NEWCASTLE, WY. WRC USES STANDARD REFINING PROCESSES TO MANUFACTURE VARIOUS REFINED PETROLEUM PRODUCTS FROM CRUDE OIL. HEALTH CONCERNS ASSOCIATED WITH WRC'S MANAGEMENT OF HAZARDOUS WASTE AND CONSTITUENTS DETECTED IN THE GROUNDWATER AT THE FACILITY INCLUDE PHENOLS, LEAD, BENZENE, TOLUENE, NAPHTHALENE, FLOURIDE AND ARSENIC. MANY OF THESE CONSTI- TUENTS WERE MEASURED AT CONCENTRATIONS ABOVE EPA PRIMARY DRINKING WATER STANDARDS. POSSIBLE PATHWAYS FOR THE MIGRATION OF SURFACE HAZARDOUS WASTES INCLUDE RUNOFF INTO TWO SURFACE STREAMS THAT BISECT THE FACILITY, AND LEACHING OF WASTES IN SURFACE UNITS INTO SOIL AND GROUNDWATER. NONE OF THE LAND DISPOSAL UNITS USED BY WRC TO MANAGE HAZARDOUS WASTES WERE FITTED WITH MAN-MADE LINERS OF ANY TYPE. FROM WHAT IS KNOWN ABOUT THE HYDROGEOLO GY OF THE SITE, THE GROUNDWATER IS VERY CLOSE TO THE SURFACE THROUGHOUT THE FACILITY. THE SURFACE STREAMS BOTH RECEIVE INPUT FROM THIS SHALLOW AQUIFER. WRC'S FACILITY IS LOCATED WITHIN THE CITY LIMITS OF NEWCASTLE. IT IS NOT KNOWN IF THE AQUIFER UNDERLYING THE FACILITY IS USED FOR AGRICULTURE OR AS A SOURCE OF DRINKING WATER. EPA FILED A COMPLAINT AND COMPLIANCE ORDER UNDER 3008 OF RCRA, ON JANUARY 4, 1983, AMENDED ON SEPTEMBER 28, 1983, AGAINST WRC, CHARGING FIVE COUNTS FOR VIOLATIONS OF 40 CFR PART 265 REGULATION AND ASKING A PENALTY OF $60,850. (DOCKET NO. RCRA-VIII-83-1). PRESIDING OFFICER THOMAS YOST DECIDED ALL COUNTS IN FAVOR OF EPA AND ASSESSED A MODIFIED PENALTY OF $39,800. THE MATTER WAS APPEALED TO THE ADMINISTRATOR, AND ON MAY 30, 1986, JUDGE MCCALLUM ISSUED A FINAL DECISION AFFIRIMING THE INITIAL DECISION ON ALL ISSUES. ON JUNE 27, 1986 WRC FILED IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF WYOMING A COMPLAINT FOR JUDICIAL REVIEW AND RELIEF (DOCKET NO. C86-0212) AGAINST EPA AND OTHERS, ESSENTIALLY FOR REVIEW OF EPA'S FINAL DECISION.

Defendants (1)

• HERMES CONSOLIDATED INC./DBA WYOMINGNamed in complaintNamed in settlement

Facilities (2)

• WYOMING REFINING COMPANY

  740 MAIN STREET, NEWCASTLE, WY, 82701

  Registry ID: 110000468226

• WYOMING REFINING COMPANY

  740 MAIN STREET, NEWCASTLE, WY, 82701

  Registry ID: 110000468226

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• HERMES CONSOLIDATED INC DBA WYentered 1988-06-01

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1986-06-19Referred To Headquarters
• 1986-06-24Referred To Dept Of Justice
• 1986-06-24Referred TO U.S. Attorney
• 1986-06-27Complaint Filed With Court
• 1988-06-01Final Order Entered
• 1988-06-01Concluded
• 1988-06-01Final Order Lodged