EPA v. County of Westchester in New York State

Case summary

Westchester County Department of Laboratories & Research failed to make hazardous waste determinations on a variety of wastestreams and failed to meet a myriad of SQG requirements. EPA seeks compliance with SQG requirements as well as HW determinations on a wastestreams. Westchester County Department of Laboratories & Research (Westchester Co. Labs): a Consent Agreement and Final Order (CA/FO) was entered into with Westchester County, State of New York, on June 9,2004. Westchester County, State of New York, owns and operates Westchester County Department of Laboratories & Research. Reason for issuance: Government Laboratories have been found in violation of the key regulation for generators of solid wastes, which is to determine whether the solid waste generated is a hazardous waste. Such failures increase the likelihood that hazardous waste is managed outside of the RCRA regulatory universe, increasing the risk of human and environmental exposure. Background: An RCRA compliance evaluation inspection of Westchester Co. Labs was conducted in July 2001, under the Government Laboratories Initiative. Based on the inspection as well as responses to a Notice of Violation and Information Request Letter, EPA determined that the facility was in violation of RCRA requirements for hazardous waste generators as stipulated in 6 NYCRR Parts 372 and 373. In September 2003, EPA issued a civil administrative complaint against Westchester County. The complaint alleged four separate counts, as follows: 1) failure to make hazardous waste determinations for multiple waste streams; 2) failure to obtain a RCRA permit for the storage of hazardous waste (and failing to comply with the conditions which would have exempted Respondent from the necessity of obtaining a permit); 3) failure to keep containers holding hazardous waste closed; and 4)failure to make appropriate emergency arrangements with local hospitals. The complaint sought a total penalty of $67,320. Action Taken: Under the terms of the CA/FO, Westchester Co. will pay a civil penalty of $11,500, and will undertake and implement a Supplemental Environmental Project (SEP). The SEP consists of an Environmental Management System (EMS), spending no less than $110,000 (Project Estimate = $171,745). One of the elements of the EMS will be the implementation of a chemical tracking/inventory system (CTS). The addition of the CTS element is expected to reduce the amount of chemicals purchased and ultimately disposed. As required by guidance, the Regional staff consulted with the Office of Planning, Policy Analysis and Communications and the Office of Regulatory Enforcement-Multimedia Enforcement Division. Contacts: Carl F. Plossl, RCRA Program contact Rudolph S. Perez, ORC contact

Defendants (1)

• Westchester, County of in New York StateNamed in complaintNamed in settlement

Facilities (1)

• WESTCHESTER CO LABORATORIES & RESEARCH

  10 DANA RD, VALHALLA, NY, 10595

  Registry ID: 110008090573

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• County of Westchester in New York Stateentered 2004-06-09

  Primary law: RCRA

  Federal penalty: $11,500 · SEP: $171,745

Timeline (4 milestones)

• 2003-09-26Complaint Filed/Proposed Order
• 2003-10-02Enforcement Action Data Entered
• 2004-06-09Enforcement Action Closed
• 2004-06-09Final Order Issued