EPA v. SALGAS/EMPIRE

Case summary

ON MARCH 22, 1990, AT 4:00 PM, EPA HAND DELIVERED AN ORIGINAL AND COPIES OF A RCRA 7003 UNILATERAL ADMINISTRATIVE ORDER TO TH REGIONAL VICE PRESIDENT OF EMPIRE GAS CORP- ORATION AND THE ATTORNEY FOR SALGAS INC. OF CRESTED BUTTE. SALGAS, A CORLORADO CORP. IS WHOLLY OWNED SUBSIDIARY OF EMPIRE, A MISSOURI CORP.. SALGAS OPERATES A PROPANE DISTRI- BUTION SYSTEM IN CRESTED BUTTE, IT'S OFFICES ARE DOWN THE ROAD IN GUNNISON. ON MARCH 20, CRESTED BUTTE TOWN OFFICALS CALLED EPA REGARD- ING WHAT THEY CONSIDERED TO BE A DANGEROUS SITUATION. THE TOWN FIRE MARSHALL HAD DETERMINED THAT AT LEAST THREE BUILD- INGS IN DOWNTOWN CB WERE IN DANGER BECAUSE OF EXTROARDINARIL Y HIGH LEVELS OF PROPANE VAPORS. FURTHER, SUCH LEVELS WERE FOUND UNDERGROUND AT VARIOUS POINTS THROUGH THE AREA. THERE WAS EXTENSIVE CAUSE FOR CONCERN BECAUSE THE BANK IN THE DOWNTOWN AREA WAS RECENTLY DEMOLISHED BY AN UNEXPLAINED EXPLOSION. MANY PEOPLE WERE SERIOUSLY INJURED AND THREE PEOPLE LOST THEIR LIVES. CRESTED BUTTE WAS ALSO CONCERNED BECAUSE THE STATE HAD NOT RESPONDED EFFECTIVELY. THE EMERGENCY RESPONSE TEAM AND TECHNICAL ASSISTANCE TEAMS RESPONDED IMMEDIATELY BY SENDING NUMEROUS QUALIFIED PERSONNE L TO REVIEW THE SITUATION AND MEASURES BEING TAKEN. WHILE THIS RESPONSE WAS BEING IMPLEMENTED IT WAS DETERMINED THAT RCRA WAS THE STATUTE MOST DIRECTLY APPLICABLE. THE EPA TEAM'S INITIAL IMPRESSION WAS THAT SALGAS/EMPIRE WAS BEING RECALCITRANT AND WAS NOT RESPONDING TO THE SITUATION PROPERL Y. EPA THEREFORE DETERMINED, LATE IN THE DAY ON MARCH 21, 1 990, THAT AN EMERGENCY ORDER MUST BE IISSUED AGAINST SALGAS/ EMPIRE. A RCRA 7003 WAS DRAFTED AND EXECUTED ON MARCH 22. THE COMPA NY OFFICIALS AND REPRESENTATIVES NOTED ABOVE WERE CALLED TO EPA'S DENVER OFFICES AND PERSONALLY HANDED THE ORDER. A REPRESENTAIVE FROM OSHA WAS ALSO PRESENT. THE STATE WAS KEPT ABREAST OF THE DEVELOPMENTS BY TELEPHONE. COPIES OF TH ESIGNED CORDER WERE FAXED TO THE STATE ON 3/22. FORMAL NOTIFICATION FOLLOWED THE NEXT WEEK. THE ORDER FINDS THAT AN IMMINENT AND SUBSTANTIAL ENDANGER- MENT EXISTS AND THAT CERTAIN ACTIONS WILL BE REQUIRED TO ABATE THE DANGER. THE ORDER REQUIRES SALGAS/EMPIRE TO PERFO RM ACTIVITIES REQUIRED BY THE EPA ON-SCENE COORDINATOR, USIN G ONLY THE PROPER EQUIPMENT AND PROPERLY TRAINED PERSONNEL. THE ORDER FURTHER REQUIRES SALFAS/EMPIRE TO GAIN ALL NECESSA RY ACCESS REQUIRED TO DO THE WORK. THE ORDER ALSO SETS STIP ULATED PENALTIES AT $5,000 PER DAY PER VIOLATION OF THE ORDE R. SALGAS/EMPIR ROUGHT THEIR CONTRACTOR WHO WILL BE PERFORMING THE RESPONSE TO THE MEETING. A NUMBER OF INITIAL TECHNICAL ISSUES WERE DISCUSSED. SALGAS/EMPIRE STATED THAT IT WOULD FULLY COMPLY WITH EPA'S ON-SCENE COORDINATOR'S REQUIRED ACTIONS IN ORDER TO EFFECTIVELY ABATE THIS EMERGENCY.

Defendants (2)

• EMPIRE GAS CORP.Named in complaint
• SALGAS INC. OF CRESTED BUTTE

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Timeline (5 milestones)

• 1990-03-22Complaint Filed/Proposed Order
• 1990-03-22Final Order Issued
• 1990-10-12Enforcement Action Data Entered
• 1991-07-25Compliance Achieved
• 1991-07-25Enforcement Action Closed