EPA v. CWM Chemical Services, LLC

Case summary

'1) Respondent disposed of three large boxes containing a total of 180 PCB Large Capacitors, which must be incinerated in an approved TSCA incinerator, in its TSCA authorized landfill on September 25, 2000. (2) Respondent did not properly identify the location into which the boxes were buried. (3) Respondent violated the PCB regulations by exporting one roll-off PCB waste to Canada and by not identifying PCB waste on the manifest. (4) Respondent disposed of a drum containing two PCB Large Capacitors in its'''''''''''''''' TSCA authorized landfill on May 23, 2000. The manifest from the generator miss-identified the contents of the drum. In the case of (1) and (4), respondent did not notify EPA within 15 days of discovery of the unresolved significant manifest discrepancies. In (1) and (4), discovery was a notification from the generator. *Case Conclusion Data Sheet (summary) Respondent recovered the three boxes containing 180 PCB Large Capacitors from the landfill at a cost of approximately $460,000, largly because they were not in fact located in the protion of the landfill recorded in Respondent''''s records. Respondent arranged for the shipment and incineration, at an approved incinerator, of the 180 PCB Large Capacitors at a cost of approximately $28,333. The shipment to Canada was recovered prior to this action and is currently stored at Respondent''''s Model City facility pending a land ban waver from EPA for disposal. Clarification and additional notification requirements have been incorporated into Respondent''''s approval. A more accurate system for reliably locating waste in the landfill is under development and is required to be prepared for EPA review by a specified date as a condition of the CAFO. The imporved procedure will be incorporated into Respondent''''s PCB disposal approval in conjunction with changes in Respondent''''s State Permit. This case was simultaneously commenced and concluded pursuant to 40 CFR 22.13(b)(2) and (3)'''

Defendants (1)

• CWM Chemical Services, LLCNamed in complaintNamed in settlement

Facilities (1)

• CWM CHEMICAL SERVICES, LLC

  1550 BALMER ROAD, MODEL CITY, NY, 14107

  Registry ID: 110000326610

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CWM Chemical Services, LLCentered 2002-06-19

  Primary law: TSCA

  Federal penalty: $78,475

Timeline (4 milestones)

• 2002-06-19Enforcement Action Closed
• 2002-06-19Complaint Filed/Proposed Order
• 2002-06-19Final Order Issued
• 2002-07-01Enforcement Action Data Entered