EPA v. SAFETY KLEEN SYSTEMS, INC.

Case summary

ON SEPTEMBER 27, 2007, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT TO THE FINAL POLICY STATEMENT ON INCENTIVES FOR SELF-POLICING: DISCOVER, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS . THE NOD IS BASED ON SELF-DISCLOSURES PROVIDED BY SAFETY-KLEEN SYSTEMS, NC. FOR VIOLATIONS OF THE PCB RULE, DISTRIBUTION IN COMMERCE OF PCBS. THE VIOLATIONS TOOK PLACE AT THEIR VINTON, VIRGINIA AND FAIRLESS HILLS, PENSSYLVANIA FACILITIES AND WERE DISCLOSED BY LETTERS DATED MAY 18, 2004 AND APRIL 12, 2006 RESPECTIVELY. SAFETY KLEEN DID NOT SATISFY ONE OF THE CRITERIA FOR 100% PENALTY REDUCTION, AND THEREFORE DID NOT QUALIFIY FOR TOTAL RELIEF UNDER THE SELF DISCLOSURE POLICY. AS A PART OF ITS ENFORCEMENT DISCRETION, EPA ISSUED A NOD/NOTICE OF NONCOMPLIANCE (NON) TO SAFETY-KLEEN AS THERE WAS INSIGNIFICANT ENVIRONMENTAL HARM; THE PCB WASTE AS TIMELY DISPOSED OF; AND SAFETY KLEEN FULLY COOPERATED WITH EPA IN RESOLVING THE ISSUES. EPA WAIVED THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS, WHICH WOULD HAVE BEEN $51,582.

Defendants (1)

• SAFETY KLEEN SYSTEMS, INC.Named in settlement

Facilities (3)

• SAFETY KLEEN SYSTEMS

  77 TOWPATH & CANAL RD., FAIRLESS HILLS, PA, 19030

  Registry ID: 110000584680

• SAFETY KLEEN SYSTEMS, INC

  16090 STEWARTSVILLE ROAD, VINTON, VA, 24179

  Registry ID: 110000585563

• SAFETY KLEEN SYSTEMS, INC

  16090 STEWARTSVILLE ROAD, VINTON, VA, 24179

  Registry ID: 110000585563

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SAFETY KLEEN SYSTEMS, INC.entered 2007-09-27

  Primary law: TSCA

Timeline (2 milestones)

• 2007-09-27Final Order Issued
• 2007-10-05Enforcement Action Data Entered