EPA v. CON-WAY FREIGHT INC

Case summary

Con-way stores containers damaged during transit in a single storage area called the ?Overshort & Damaged Storage? (?OS&D?) Area until it is determined through consultation with the shipper and the buyer whether the shipment may still be sold/purchased or if it should be disposed. If the damaged shipment is to be disposed, Con-way prepares a Material Safety Data Sheet (?MSDS?) and contacts a waste disposal facility. The waste disposal facility uses the information on the MSDS to determine whether or not the damaged shipment must be managed as hazardous waste. On August 11, 2011, EPA conducted a RCRA compliance evaluation inspection of the Facility. Based on the inspection, and other information obtained by EPA during and after the inspection, EPA identified the following violations at the Facility: 1) failure to conduct weekly inspections and to keep records of these inspections from at least August 2010 to August 2011; 2) failure to have a contingency plan for the Facility; 3) failure to provide hazardous waste management training to at least the two employees who managed hazardous wastes in the Facility?s ?Overshort & Damaged Storage? (?OS&D?) Area; 4) failure to maintain the required documents and records for hazardous waste management training at the Facility; 5) failure to properly label or mark the four hazardous waste containers in the OS&D Area; 6) failure to mark the two hazardous waste containers in the OS&D Area with an accumulation start date; and 7) a failure to conspicuously place ?No Smoking? signs in the OS&D Area. Based on the inspection, the case team determined that Con-way had violated Section 3002 of RCRA.

Defendants (1)

• W GREGORY LEHMKUHL, PRESIDENTNamed in complaintNamed in settlement

Facilities (2)

• XPO LOGISTICS FREIGHT, INC. - XPI

  15 SOUTHERN INDUSTRIAL DRIVE, CRANSTON, RI, 02921

  Registry ID: 110040101617

• XPO LOGISTICS FREIGHT, INC. - XPI

  15 SOUTHERN INDUSTRIAL DRIVE, CRANSTON, RI, 02921

  Registry ID: 110040101617

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• CON-WAY FREIGHT INCentered 2015-09-29

  Primary law: RCRA

  Federal penalty: $42,900

Timeline (3 milestones)

• 2015-09-29Complaint Filed/Proposed Order
• 2015-09-29Final Order Issued
• 2015-10-01Enforcement Action Data Entered