EPA v. ARIZONA PORTLAND CEMENT

Case summary

THIS REFERRAL RECOMMENDS THE FILING OF THE HAZARDOUS WASTE PERMIT, WASTE ANALYSIS, AND IGNITABLE WASTE HANDLING REQUIREMENTS UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT, AS AMENDED, ( RCRA ), 42 U.S.C. PARA 6901 ET SEQ. AND FOR VIOLATIONS OF THE REPORTING REQUIRMENTS OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ) SECTION 103, 42 U.S.C. PARA 9603. THE VIOLATION OCCURRED DURING A PERIOD FROM JANUARY 28, 1992 TO MAY 19, 1992, DURING WHICH TIME APC ILLEGALLY STORED AND DISPOSED OF HAZARDOUS WASTE AT ITS FACILITY IN RILLITO, ARIZONA. BETWEEN JANUARY 28, 1992 AND MAY 8, 1992, APC RECEIVED AND STORED ON-SITE 844.84 TONS OF SPENT CATALYST FROM HESS OIL VIRGIN ISLAND CORPORATION ( HOVIC ). THE SPENT CATAYST WAS A CHARACTERISTICALLY HAZARDOUS WASTE, EXHIBITING THE CHARACTERISTICS OF IGNITABILITY (D001) AND TOXICITY BASED ON THE PRESENCE OF BENZENE (D018). APC DID NOT HAVE A RCRA PERMIT OR INTERIM STATUS AUTHORIZING IT TO TREAT, STORE OR DISPOSE OF HAZARDOUS WASTE. APC STORE ALL BUT 126 TONS OF THE HAZARDOUS WASTE DIRECTLY ON THE GROUND; APC'S PLACEMENT OF THE HAZARDOUS WASTE DIRECTLY ON THE GROUND CONSTITUTED UNLAWFUL DISPOSAL OF HAZARDOUS WASTE UNDER RCRA. REGION IX IS RECOMMENDING THAT APC AND ITS PARENT, CPC, BE CHARGED WITH OPERATING A TREATMENT, STORAGE OR DISPOSAL FACILITY WITHOUT A PERMIT, A COUNT FOR FAILURE TO COMPLY WITH THE WASTE ANALYSIS REQUIREMENT OF 40 C.F.R. PARA 264.13 AS APC/CPC DID NOT TEST THE MATERIAL TO DETERMINE WHETHER IT WAS HAZARDOUS WASTE UNTIL MAY, A COUNT FOR FAILURE TO COMPLY WITH THE PRECAUTIONS APPLICABLE TO IGNITABLE WASTES AS REQUIRED BY 40 C.F.R. AND PARA 264.17, AND A COUNT FOR FAILURE TO REPORT A RELEASE OF HAZARDOUS SUBSTANCES UNDER CERCLA SECTION 103. EPA HAS ASSIGNED A PENALTY AMOUNT OF $45,000 FOR THE FAILURE TO REPORT UNDER CERCLA AND A TOTAL RCRA PENALTY OF $2,865,826 FOR THE THREE RCRA VIOLATION (IF THE PENALTY IS CALCULATED FROM JANUARY 28) OR, ALTERNATIVELY, RCRA PENALTY OF $1,852,156 (IF THE PENALTIY IS CALCULATED FROM MARCH 31 DUE TO STATUTE OF LIMITATION CONCERNS). A SUBSTANTIAL PORTION OF THE RCRA PENALTY INCLUDES ECONOMIC BENEFIT.

Defendants (2)

• CALIFORNIA PORTLAND CEMENTNamed in complaintNamed in settlement
• ARIZONA PORTLAND CEMENTNamed in complaintNamed in settlement

Facilities (1)

• ARIZONA PORTLAND CEMENT COMPANY

  11115 NORTH CASA GRANDE HIGHWAY, RILLITO, AZ, 856540388

  Registry ID: 110038167550

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• ARIZONA PORTLAND CEMENTentered 1999-10-22

  Primary law: RCRA

  Federal penalty: $800,000

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-01Enforcement Action Data Entered
• 1999-10-15Complaint Filed With Court
• 1999-10-22Final Order Entered
• 1999-10-22Final Order Lodged
• 2000-04-13Concluded
• 2000-04-13Enforcement Action Closed