EPA v. WH Christian & Sons, Inc. (SB)

Case summary

The May 18, 2006 RCRA Compliance Evaluation Inspection (CEI) was conducted in response to a referral made by ACB as a result of a NESHAP inspection conducted of the facility on February 22, 2006. During the NESHAP inspection, multiple containers of hazardous waste were observed in an outdoor courtyard of the Resondent's Banker Street facility; the containers were not labeled as hazardous waste, and at least three were open. The RCRA CEI determined that the Respondent was in violation of most regulations pertaining to small quantity generators (SQG). A review of the compliance history of the facility revealed that it was also in violation of most SQG regulations during a July 1999 RCRA CEI; an informal enforcement action was taken in lieu of formal enforcement due to the emphasis at that time on compliance assistance. However, the 2006 inspections revealed that the facility had continued to be out of compliance with RCRA regulations and that the Respondent has shown negiligence and a disregard of RCRA regulations.

Defendants (1)

• WH Christian & Sons, Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• WH CHRISTIAN & SONS

  22-28 FRANKLIN ST, BROOKLYN, NY, 11222-2039

  Registry ID: 110004350452

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• WH Christian & Sons, Inc. (SB)entered 2007-08-28

  Primary law: RCRA

  Federal penalty: $12,500

Timeline (4 milestones)

• 2007-03-28Complaint Filed/Proposed Order
• 2007-04-06Enforcement Action Data Entered
• 2007-08-28Enforcement Action Closed
• 2007-08-28Final Order Issued