EPA v. Delaware County Department of Public Works

Case summary

On August 3, 2011 the facility submitted to the U.S. Environmental Protection Agency Region 2 (EPA) a disclosure under the Audit Policy for potential violations at 9 maintenance shops: Delhi Main Highway Facility (Main & Wickman), East Meredith, Fishs Eddy, Kelly Corners, Sidney Center, Walton Patrol Garage, Walton Solid Waste (Landfill & Compost). Based on information provided, the EPA determined that the facility meets the conditions of the Audit Policy for 100% elimination of the total gravity-based penalties. The violations reported were for Resource Conservation Recovery Act (RCRA) for failure to characterize hazardous wastes and date/label wastes as Universal Wastes and failure to inventory 3 injection wells for the Underground Injection Control (UIC) program; for the Clean Water Act (CWA) failure to keep correct and current Spill Prevention Control Counter Measure Plans (SPCC) at 8 shops. The violations that qualify for relief under the Audit Policy have been corrected by the Respondent.

Defendants (1)

• Delaware County Department of Public WorksNamed in settlement

Facilities (1)

• DELAWARE COUNTY D P W

  1 PAGE AVE, DELHI, NY, 13753

  Registry ID: 110000805638

Statutes cited

• RCRA 9002 — Notification Requirements of Underground Storage Tanks
• SDWA 1421 — UIC Regulations
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Delaware County Department of Public Worksentered 2011-11-01

  Primary law: RCRA

Timeline (3 milestones)

• 2011-11-01Enforcement Action Closed
• 2011-11-01Final Order Issued
• 2012-02-02Enforcement Action Data Entered