# KESSLER INDUSTRIES, INC.
> **Administrative - Formal** · FY1997 · — · Final Order With Penalty
## Case
- **Activity ID:** `37565`
- **Case Number:** 06-1997-0739
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $45K
- **Cost recovery:** —
- **Compliance action $:** $29K
- **Multimedia (multi-env):** N
## Defendants
- KESSLER INDUSTRIES, INC. (complaint) (settlement)
## Summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY    ACT ( RCRA ), 42 U.S.C. SECTION 6928(A).                  2. KESSLER INDUSTRIES, INC., A TEXAS CORPORATION                8600 GATEWAY EAST BLVD.                                      EL PASO, EL PASO COUNTY, TEXAS 79907                      3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1)      FAILING TO DETERMINE WHETHER THE SOLID WASTE GENERATED AT    RESPONDENT'S FACILITY WAS A HAZ. WASTE, 2) STORING AND       OFFERING FOR DISPOSAL HAZ. WASTE (TOLUENE, BUTANONE, LEAD    AND CHROMIUM AT ELEVATED LEVELS) AT THE FACILITY WITHOUT     A PERMIT OR INTERIM STATUS, 3) OFFERING HAZ. WASTE FOR       TRANSPORTATION OFF-SITE FOR DISPOSAL BY FACILITIES NOT       AUTHORIZED BY EPA TO TRANSPORT OR DISPOSE OF HAZ. WASTE.,    4) FAILING TO PROVIDE TO EAP A NOTIFICATION OF HAZ. WASTE    ACTIVITY AT RESPONDENT'S FACILITY, 5) FAILING TO PREPARE     THE HAZ. WASTE SHIPMENT MANIFEST, AND 6) FAILING TO DE-      TERMINE IF ITS SOLID WASTE WAS SUBJECT TO THE LAND BAN       REQUIREMENTS AND PROVIDING THE WRITTEN REQUIRED NOTIFICA-    TION REGARDING WASTE ANALYSIS FOR WASTE SUBJECT TO THE       LAND DISPOSAL REQUIREMENTS.                               4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA       PROPOSES A CIVIL PENALTY OF $51,000 AND ISSUED A COMPLI-     ANCE TO THE RESPONDENT. THE ORDER REQUIRES THE RESPONDENT    TO: 1) IMMEDIATELY CEASE UNAUTHORIZED STORAGE, TRANSPORT-    ATION, AND DISPOSAL OF HAZ. WASTE

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