EPA v. BINGHAM, WARREN, ETC/ARRCOM INC

Case summary

VIOLATION OF INTERIM STATUS STANDARDS. CASE OPENED ORC REGION 10 5/11/83; CASE OPENED ENFORCEMENT DOCKET 9/18/87. REFERRAL TO HEADQUARTERS 9/30/87 WITH FOLLOWING SYNOPSIS. ON 4/27/83, A COMPLAINT AND COMPLIANCE ORDER WAS ISSUED TO RESPONDENTS ARRCOM INC, DREXLER ENTERPRISES INC, GEORGE DREXLER, THOMAS DREXLER, W ALAN PICKETT, AND WARREN BINGHAM BY EPA REGION 10, PURSUANT TO SECTION 3008(A) OF RCRA, 42 USC, 6928(A). THIS ACTION CHARGED THAT OWNER RESPONDENT, WARREN BINGHAM, AND THE OPERATOR RESPONDENTS, ARRCOM, DREXLER ENTERPRISES, GEORGE DREXLER, THOMAS DREXLER, AND ALAN PICKETT, MAINTAINED HAZARDOUS WASTE STORAGE AND DISPOSAL FACILITY IN RURAL IDAHO, NEAR RATHDRUM IDAHO, KNOWN AS ARRCOM-RATHDRUM FACILITY. THE FACILITY WAS USED TO PROCESS USED OIL FOR RESALE. INVESTIGATION AND INSPECTION BY EPA FOUND THAT THE OPERATORS WERE BLENDING SOLVENTS WITH THE OIL AND ACCEPTING SEVERELY CONTAMINATED OIL FROM VARIOUS SOURCES. MUCH CONTAMINATED OIL WAS DUMPED IN UNLINED PITS THROUGHOUT THE FACILITY. STORAGE TANKS WERE FOUND TO BE LEAKING BADLY. * THE CIVIL JUDICIAL ACTION ADDRESSES THE ENFORCEMENT AND COLLECTION OF CIVIL PENALTIES WHICH WERE ASSESSED AGAINST THE DEFENDANTS IN ADMINISTRATIVE PROCEEDINGS UNDER SECTION 3008(A) OF RCRA. THE PENALTIES STEM FROM NON-COMPLIANCE WITH SECTIONS 3004 AND 3005 OF RCRA AND ACCOMPANYING REGULATIONS. THE FOUR DEFENDANTS OWNED OR OPERATED A WASTE OIL REPRO- CESSING FACILITY NEAR RATHDRUM, ID FROM SOMETIME IN 1979 UNTIL 1/1/82. INSPECTION AND INVESTIGATION BY EPA REVEALED THAT THE OPERATORS WERE MIXING SPENT SOLVENTS WITH THE OIL, AND WERE ACCEPTING SEVERELY CONTAMINATED USED OIL. THE FACILITY WAS ABAONDONED IN LATE 1982. INSPECTION OF THE FACILITY IN 1983 REVEALED THAT THE FACILITY WAS NOT IN COMPLIANCE WITH VIRTUALLY ALL OF THE 40 CFR PART 265 REQUIREMENTS GOVERNING TSD FACILITIES. PURSUANT TO SECTION 3008(A), EPA ISSUED AN ADMINISTRATIVE ORDER AGAINST BINGHAM, OWNER OF THE REAL PROPERTY AT THE FACILITY, GEORGE DREXLER AND THOMAS DREXLER AND ALAN PICKETT, OPERATORS, FOR A CIVIL PENALTY OF $75,925. BINGHAM SETTLED BEFORE HEARING, AND SIGNED A CONSENT AGREEMENT AND FINAL ORDER PROVIDING FOR THE DEFERRED PAYMENT OF $15,000. IN PENALTIES. AFTER HEARING ALJ THOMAS YOST ORDERED A $4,500. PENALTY ASSESSED AGAINST GEORGE AND THOMAS DREXLER AND ALAN PICKETT. NONE OF THE RESPONDENTS PAID THESE ASSESSED PENALTIES WHEN DUE. THIS REFERRAL SEEKS TO ENFORCE THESE PENALTIES AGAINST DEFENDANTS, PURSUANT TO SECTIONS 3008(A) AND (C) OF RCRA.

Defendants (4)

• BINGHAM, WARRENNamed in complaintNamed in settlement
• DREXLER, GEORGE 'WALLY'Named in complaintNamed in settlement
• DREXLER, THOMASNamed in complaintNamed in settlement
• PICKETT, W ALANNamed in complaintNamed in settlement

Facilities (1)

• DREXLER ENTERPRISES INC

  RT 3 BOX 258 A6, RATHDRUM, ID, 83858

  Registry ID: 110006164480

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 (2)

• DREXLER & PICKETT/ARRCOM INCentered 1989-07-24

  Primary law: RCRA

• BINGHAM, WARREN/ARRCOM INCentered 1991-02-04

  Primary law: RCRA

  Federal penalty: $35,917

Timeline (9 milestones)

• 1987-08-30Enforcement Action Data Entered
• 1987-09-30Referred To Headquarters
• 1987-11-03Referred To Dept Of Justice
• 1988-01-26Referred TO U.S. Attorney
• 1988-02-05Complaint Filed With Court
• 1991-02-04Concluded
• 1991-02-04Final Order Lodged
• 1991-02-04Final Order Entered
• 1993-09-30Enforcement Action Closed