EPA v. MARYLAND, STATE OF, DEPARTMENT OF PUBLIC SAFETY & CORRECTION

Case summary

COUNT I. OWING AND OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS: RCRA SECTION 3005(A), 42 U.S.C. SECTION 6925(A), NORMALLY REQUIRES PERSON PERSONS OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE TO OBTAIN A PERMIT. HOWEVER, GENERATORS OF HAZARDOUS WASTE MAY ACCUMULATE HAZARDOUS WASTEON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS PROVIDED THAT THE GENERATOR COMPLIES WITH CERTAIN PROVISION OF RCRA SET FORTH IN 40 C.F.R. 262.34(A) AND COMAR 26.13.03.05E(1). DUE TO CERTAIN ACTS OR OMISSIONS OMISSIONS, RESPONDENT, AT THE TIME OF EPA'S INSPECTION FAILED TO QUALIFY FOR THE PERMIT EXEMPTION PROVIDED UNDER 40 C.F.R. 262.34(A) AND COMAR 26.13.03.05E(1) FOR STORAGE OF HAZARDOUS WASTE. NAMELY, RESPONDENT FAILED TO MARK ITS HAZARDOUS WASTE CONTAINERS WITH THE ACCUMULATION COMMENCEMENT DATES, FAILED TO MARK ITS CONTAINER WITH THE LABEL HAZARDOUS WASTE , LEFT ITS HAZARDOUS WASTE CONTAINERS OPEN AT TIMES OTHER THAN THE NECESSARY TO ADD OR REMOVE CONTENTS, FAILED TO HAVE SECONDARY CONTAINMENT, AND DID NOT INSPECT THE HAZARDOUS WASTE STORAGE AREA AS REQUIRED UNDER THE RCRA REGULATIONS. COUNT II. FAILURE TO MAKE HAZARDOUS WASTE DETERMINATION: 26.13.13.02 REQUIRES A PERSON WHO GENERATES A SOLID WASTE TO DETERMINE IF THAT WASTE IS A HAZARDOUS WASTE. RESPONDENT GENERATED SOLID WASTE AS THAT TERM IS DEFINED UNDER THE RCRA REGULATIONS WITHOUT MAKING HAZARDOUS WASTE DETERMINATIONS. COUNT III. FAILURE TO HAVE A CONTINGENCY PLAN: COMAR 26.13.05.04 AND 40 C.F.R. SECTION 265.51(JULY, 1982 ED.) REQUIRE THAT AN OWNER AND OPERATOR OF A HAZARDOUS WASTE FACILITY MUST HAVE A CONTINGENCY PLAN FOR THE FACILITY WHICH IS DESIGNED TO MINIMIZE HAZARDS TO HUMAN HEALTH OR THE ENVIO ENVIRONMENT FROM FIRES, EXPLOSIONS, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS WASTE CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER. THESE REGULATIONS FURTHER REQUIRE THAT THE CONTINGENCY PLAN BE MAINTAINED AT THE FACILITY. RESPONDENT DID NOT DRAW UP A CONTINGENCY PLAN, NOR DID RESPONDENT MAINTAIN A CONTINGENCY PLAN AT ITS FACILITY. COUNT IV. TRAINING: COMAR 26.13.05.02G(2) AND 40 C.F.R. SECTION 265.16(A)-(C)(JULY, 1982 ED.) REQUIRE THAT PERSONNEL AT A FACILITY SUCCESSFULLY COMPLETE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE REGULATIONS, THE DATE OF THEIR EMPLOYMENT OR THE DATE OF THEIR ASSIGNMENT TO THE FACILITY OR A NEW POSITION AT THE FACILITY, A PROGRAM OF CLASSROOM INSTRUCTION OR ON-THE-JOB TRAINING THAT TEACHES THEM TO PERFORM THEIR DUTIES IN A WAY THAT ENSURES THE FACILITY'S COMPLIANCE WITH THE REQUIREMENTS OF THE REGULATIONS, INCLUDE INCLUDES INSTRUCTION WHICH TEACHES HAZARDOUS WASTE MANAGMENT PROCEDURES, INCLUDING CONTINGENCY PLAN IMPLEMENTATION, AND ENSURES THAT FACILITY PERSONNEL AR ABLE TO RESPOND EFFECTIVELY TO EMERGENCIES. ADDITIONALLY, FACILITY PERSONNEL ARE REQUIRED TO TAKE PART IN AN ANNUAL REVIEW OF THIS INITIAL TRAINING. NO TRAINING HAD BEEN PROVIDED TO PERSONNEL RESPONSIBLE FOR COMPLYING WITH THE RCRA REGULATION COUNT V: MANIFESTS: COMAR 26.13.03.04A REQUIRES THAT GENERATOR WHOSE MANIFEST FOR AN INTERSTATE SHIPMENT HAS NOT BEEN RETURNED TO THE GENERATOR WITHIN THE PRESCRIBED TIME (30 DAYS) SHALL GIVE NOTICE OF THE NON-RETURN OF SUCH MANIFEST TO THE STATE IN WHICH THE DESIGNATED FACILITY IS LOCATED THE STATE IN WHICH THE SHIPMENT MAY HAVE BEEN DELIVERED (OR TO THE EPA IN THE CASE OF AN UNAUTHORIZED STATE) AND TO THE MARYLAND DEPARTMENT OF ENVIRONMENT. MANIFESTS NUMBERS 0381474, DATED FEBRUARY 24, 1999 AND 1088345, DATED DECEMBER 22, 1999, RECITE A DESIGNATED FACILITY SITE ADDRESS IN PENNSYLVANIA. NO RETURN RECEIPT WS FOUDN IN RESPONDENT'S FILES FOR MANIFEST NUMBERS 03

Defendants (1)

• MARYLAND, STATE OF, DEPARTMENT OF PUBLICNamed in complaintNamed in settlement

Facilities (1)

• SUI-MD HOUSE OF CORRECTION TAG SHOP

  ROUTE 175, JESSUP, MD, 20794

  Registry ID: 110008424320

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Maryland, State of, Department of Public Safety &entered 2003-05-06

  Primary law: RCRA

  Federal penalty: $34,138 · SEP: $421,865

Timeline (3 milestones)

• 2001-09-18Enforcement Action Data Entered
• 2001-09-28Complaint Filed/Proposed Order
• 2003-05-06Final Order Issued