# ENCYCLE/TEXAS, INC.
> **Judicial** · FY1997 · — · Superseded by Another Enforcement Action
## Case
- **Activity ID:** `37168`
- **Case Number:** 06-1997-0338
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Superseded by Another Enforcement Action
- **Penalty assessed:** $3.50M
- **Cost recovery:** —
- **Compliance action $:** $6.00M
- **Multimedia (multi-env):** N
## Defendants
- ASARCO, INC. (complaint) (settlement)
- ENCYCLE/TEXAS, INC. (complaint) (settlement)
## Summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY    ACT ( RCRA ), 42 U.S.C. SECTION 6928(A).                  2. ENCYCLE/TEXAS , INC., A WHOLLY OWNED SUDSIDIARY OF ASARCO    5500 UPRIVER ROAD                                            CORPUS CHRISTI, NUECES COUNTY, TEXAS                      3. ENCYCLE/TEXAS, INC., A WHOLLY OWNED SUBSIDIARY OF ASARCO     INC., IS LOCATED AT 5500 UPRIVER ROAD ON THE TEXAS GULF      COAST IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TX.      ENCYCLE RECEIVES RCRA LISTED AND CHARACTERISTIC HAZARDOUS    WASTES, WASTES WHICH ARE ALLEGEDLY EXEMPT FOR RCRA PUR-      SUANT TO THE BEVILL AMENDMENT, AND INDUSTRIAL NON-HAZARD-    OUS WASTES. ENCYCLE CLAIMS TO PRODUCE VARIOUS  PRODUCTS      FROM THESE MATERIALS WHICH ARE SHIPPED TO SMELTERS           THROUGHOUT THE U.S. AND SOME FOREIGN COUNTRIES FOR METALS    RECLAMATION. WHILE ENCYCLE HAS A RCRA STORAGE PERMIT, THE    FACILITY HAS NEVER RECEIVED A RCRA HAZARDOUS WASTE TREAT-    MENT PERMIT BECAUSE THE COMPANY CLAIMS THAT ITS OPERA-       TIONS CONSTITUTE EXEMPT RECYCLING. SPECIFICALLY, ENCYCLE     CLAIMS THAT ITS  PRODUCTS  ARE USED AS EFFECTIVE SUBSTI-     TUTES FOR COMMERCIAL PRODUCTS PURSUANT TO 40 CFR SECTION     261.2(E)(II), AND THEREFORE, THE  PRODUCTS  ARE NOT DE-      FINED AS SOLID OR HAZARDOUS WASTE UNDER RCRA.                THE VIOLATIONS ALLEGED IN THIS REFERRAL FALL INTO TWO        CATEGORIES: (1) VIOLATIONS OF ENCYCLE'S STORAGE PERMIT;      AND (2) CONSTITUTE REGULATED TREA

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*