EPA v. U.S. ARMY - JACADS

Case summary

This is a combined Complaint and Consent Agreement/Final Order pursuant to RCRA Section 3008 regarding the United States Department of the Army, Johnston Atoll Chemical Agent Disposal System (JACADS). The violation involves an unpermitted release of VX Nerve Agent, and the associated potential exposure of 7 workers to VX, the failure to implement the facility's contingency plan in a timely fashion, the failure to report the emergency to EPA within 24 hours, and the storage of hazardous waste (VX) in an unpermitted storage area. The Final Order directs the Army to pay the Civil Penalty agreed upon ($91,125) within 60 days and perform a Supplemental Environmental Project to revegetate portions of Johnston Island with native plant species at a minimum cost of $182,500.

Defendants (1)

• U.S. Army - Johnston Atoll Chem Agent Disposal SysNamed in complaintNamed in settlement

Facilities (1)

• JOHNSTON ATOLL CHEMICAL AGENT DISPOSAL

  ARMY HQ JOHNSTON ISLAND, JOHNSTON ATOLL, AP, 965580008

  Registry ID: 110063991462

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• U.S. Army (JACADS) Consent Agreemententered 2003-07-31

  Primary law: RCRA

  Federal penalty: $91,125 · SEP: $182,500

Timeline (3 milestones)

• 2003-07-31Complaint Filed/Proposed Order
• 2003-07-31Final Order Issued
• 2003-09-27Enforcement Action Data Entered