EPA v. CLEAN HARBORS OF BRAINTREE

Case summary

On April 11, 2012, the Department of Justice lodged a revised Consent Decree resolving a civil judicial enforcement action against Clean Harbors of Braintree, Inc. (Clean Harbors) for violations of RCRA and EPCRA identified at Clean Harbors? hazardous waste management facility in Braintree, Massachusetts. The original Consent Decree was lodged in August 2011. Based on comments received during the public comment period, the revised Consent Decree revises the Supplemental Environmental Project (SEP) that was contained in the original settlement, and provides that Clean Harbors will purchase or ensure the purchase of an aerial platform fire truck for the Town of Braintree. In addition, Clean Harbors will ensure the planting of approximately 800 trees in environmental justice areas in the City of Boston (Tree SEP). The original penalty of $650,000 remains the same. The cost of the fire truck, which is expected to be approximately $900,000, will be shared by Clean Harbors and Braintree. Clean Harbors will pay at least $450,000 of the fire truck?s cost. The fire truck shall be owned and operated by Braintree and is expected to be available for emergency response in Braintree and surrounding communities. Clean Harbors will spend at least $612,500 on the Tree SEP.

Defendants (1)

• CLEAN HARBORS OF BRAINTREENamed in complaintNamed in settlement

Facilities (2)

• CLEAN HARBORS STORAGE & TREATMENT FACILITY

  1 HILL AVE, BRAINTREE, MA, 02184-1363

  Registry ID: 110001940311

• CLEAN HARBORS STORAGE & TREATMENT FACILITY

  1 HILL AVE, BRAINTREE, MA, 02184-1363

  Registry ID: 110001940311

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 302 — Substances and Facilities Covered and Notification
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• CLEAN HARBORS OF BRAINTREEentered 2012-07-02

  Primary law: RCRA

  Federal penalty: $650,000 · SEP: $1,062,500

Timeline (7 milestones)

• 2007-10-18Enforcement Action Data Entered
• 2008-09-29Referred To Dept Of Justice
• 2012-04-11Final Order Lodged
• 2012-04-11Complaint Filed With Court
• 2012-07-02Final Order Entered
• 2012-07-02Concluded
• 2016-02-01Enforcement Action Closed