NATURE OF THE CASE
THIS IS A CIVIL ACTION AGAINST JIM'S WATER SVC, INC. (JWS) PURSUANT TO RCRA SECT 3008 FOR VIOLATION OF AN ADMIN C.D. JIM'S WATER SERVICE'S PRIMARY BUSINESS INVOLVES RECYCLING WASTE OIL . THE CONSENT AGREEMENT STATED THAT THE HAZARDOUS WASTE SURFACE IMPOUNDMENT KNOWN AS POND A WOULD BE CLOSED BY 10/1/83. TO DATE, POND A HAS NOT BEEN PROPERLY CLOSED IN ACCORDANCE WITH 40 CFR PART 265, SUBPART G. POND A RECEIVES TWO TYPES OF WASTES LISTED AS HAZARDOUS IN 40 CFR PART 261:{ SPENT NON-HALOGENATED SOLVENTS (F005) AND LEADED TANK BOTTOMS (K052). ALTHOUGH THE POND IS CONSTRUCTED WITH A CLAY LINER, THERE HAVE BEEN SEVERAL SEEPS NOTED. THE CONSULTANTS FOR JWS HAVE ADMITTED TO HAVING SEVERAL SEEPAGE PROBLEMS WITH THE LINER. POND A IS BELIEVED TO BE LOCATED IN THE 100-YEAR FLOODPLAIN AND IS IN AN AQUIFER RECHARGE ZONE. NO INFO IS AVAILABLE REGARDING THE QUALITY OF THE GROUNDWATER UNDER THIS FACILITY SINCE NO MONITORING WELLS EXIST AT THE SITE. DUE TO THE SEEPAGE PROBLEM, THE STATE OF WYOMING HAS REQUESTED, BY LTR DATED 2/17/84, THAT JWS INSTALL A SYSTEM AND DEVELOP A GROUNDWATER STUDY. A FEDERAL ACTION IS WARRENTED SINCE JWS VOLUNTARILY AGREED TO CLOSE POND A BY 10/1/83 AND HAS NOT DONE SO. EPA MUST DEMONSTRATE THAT CONSENT AGREEMENTS WILL BE ENFORCED. CAUSE OF ACTION: THE ELEMENTS OF A CAUSE OF ACTION PURSUANT TO SECTION 3008 OF RCRA ARE MET IN THAT: -POND A IS STORING HAZARDOUS WASTES AS DEFINED IN SECT 1