EPA v. AC & S INC.

Case summary

On September 30, 2003, Region III filed an Administrative Complaint, Compliance Order and Notice of Opportunity for Hearing to AC&S, Inc. located in Nitro, Putnam County, West Virginia. AC&S, Inc. operates a commercial rail tank car cleaning operation, dye manufacturing units and a commercial analytic laboratory. The Complaint, which was filed pursuant to Section 3008(a) of RCRA and the Consolidated Rules of Practice, 40 C.F.R. Part 22, alleges violations of RCRA Subtitle C, 42 U.S.C. ���� ��6921-6939e, the regulations thereunder at 40 C.F.R. Parts 260-271, and the West Virginia Regulations Governing Hazardous Waste ( WVHWMR ) authorized by EPA pursuant to RCRA Section 3006, 42 U.S.C. �� 6926. The Complaint alleges, among other things, that AC&S, Inc. failed to; (1) maintain and operate its facility to minimize the possibility of a fire, explosion or any other unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water which could threaten human health or the environment, (2) maintain a container storing creosote hazardous waste (U051) in a closed condition, (3) failed to implement the Facility contingency plan when creosote hazardous waste (U051) was released to the soil and, (4) maintain documentation of job titles and job descriptions for each position at the Facility related to hazardous waste management and the name of each employee filling each position. The Complaint proposed a civil penalty of $55, 497.00.

Defendants (1)

• AC&S, INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• AC & S, INC

  PAR INDUSTRIAL PARK, W 19TH ST, NITRO, WV, 25143

  Registry ID: 110013694038

• AC & S, INC

  PAR INDUSTRIAL PARK, W 19TH ST, NITRO, WV, 25143

  Registry ID: 110013694038

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AC&S, INCentered 2004-06-15

  Primary law: RCRA

  Federal penalty: $34,648

Timeline (4 milestones)

• 2003-09-10Enforcement Action Data Entered
• 2003-09-30Complaint Filed/Proposed Order
• 2004-06-15Final Order Issued
• 2004-06-22Enforcement Action Closed