EPA v. KBF Pollution Management Inc. and American Metals Recovery Corporation

Case summary

1) Nature of the problem and the matter to be addressed: Contrary to the original position of KBF Pollution Management, Inc. ( KBF ) and American Metals Recovery Corp ( AMRC ), some of the facility's activities are regulated under RCRA, and the facility has been operating in a state of routine noncompliance. Specifically: [1] KBF/AMRC, which has not obtained a storage permit, stores the partially-reclaimed metal concentrates which result from its reclamation activities before sending them offsite for further reclamation; some of these partially-reclaimed metal concentrates are hazardous wastes because they meet the listing description for the F006 waste code or because they are derived from, or mixed with, F006 waste. Although some of the partially-reclaimed metal concentrates may be hazardous wastes for other reasons, this complaint only addresses those which are F006 waste. Through its storage of such hazardous wastes without obtaining a storage permit, the facility significantly increases the likelihood of a release of hazardous waste to the environment. [2] The facility has failed to prepare manifests before offering for transportation offsite that subset of its partially-reclaimed metal concentrates which are F006 hazardous waste, and some of these F006 wastes were transported to facilities which were not authorized to receive hazardous wastes. When a generator or an owner/operator of a facility offers for transport hazardous waste without a manifest (bills of lading were used instead), there is a much greater likelihood that the hazardous waste shipped off-site will be mishandled, and this defeats the regulatory scheme designed to insure cradle-to-grave tracking of hazardous waste. As a result of direction provided by EPA during or after its inspections, more manifests are being used when appropriate, but not in all cases. [3] Although KBF/AMRC exports hazardous wastes, in the case on one receiving country, the facility failed to maintain and provide a copy of an Intent to Export and a copy of an Acknowledgment of Consent for exports of partially-reclaimed metal concentrates which it had not correctly identified as hazardous waste. This failure significantly increased the likelihood that hazardous waste would be exported to a receiving country without that country?s knowledge of what it was receiving. In addition, the receiving facility would likely be unaware that it would be receiving hazardous waste, and that facility may have lacked the expertise to safely manage that type of material. [4] The facility has failed to comply with the manifest requirements when offering hazardous waste for export to one receiving country. As a result, there is a significant likelihood that the hazardous waste shipped off-site might be mishandled. This is especially true when the hazardous waste is being exported to foreign countries and the foreign country and its receiving facility are unaware that the receiving facility would be importing hazardous waste. 2) Summary of the relief requested: KBF/AMRC shall, to the extent they have not already done so, and to the extent still possible, correct the violations noted above within thirty (30) calendar days of the effective date of this action. The Respondents shall thereafter comply with all the applicable RCRA requirements including those regulations relating to: [1] the generation of hazardous waste and the storage of hazardous waste (whether generated or received by the facility); [2] the transportation off-site of any and all hazardous waste generated at or received by the facility; [3] the offering for transport and the exporting of hazardous waste to foreign countries of any hazardous waste generated at or received by the facility. 3) Other special information: An investigation of AMRC was initiated in FY 1999 in response to a referral by NYSDEC. In 1998, AMRC (NJR000022442), a wholly-owned subsidiary of KBF Pollution Management, Inc., was relocated

Defendants (2)

• KBF Pollution Management Inc.Named in complaintNamed in settlement
• American Metals Recovery CorporationNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN METALS RECOVERY CORP SUB OF K B F POLLUTION MANAGEMENT INC

  ONE JASPER STREET, PATERSON, NJ, 07522

  Registry ID: 110015017079

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• KBF Pollution Management Inc.entered 2003-08-07

  Primary law: RCRA

  Federal penalty: $45,000

Timeline (4 milestones)

• 2003-03-21Complaint Filed/Proposed Order
• 2003-03-31Enforcement Action Data Entered
• 2003-08-07Enforcement Action Closed
• 2003-08-07Final Order Issued