EPA v. ARCADIS, U.S., INC

Case summary

On August 19, 2010, the Region filed a combined Consent Agreement between EPA, Region III and ARCADIS U.S., Inc. (�Respondent� or �ARCADIS�), in settlement of RCRA Subtitle C regulatory violations, and a Final Order signed by Regional Judicial Officer that ratifies this agreement. This Consent Agreement and Final Order (�CAFO�) simultaneously initiated and resolved an enforcement action for RCRA violations. The violations originated at the Sharon Steel�Fairmont Coke Works facility located at Hault Street, Fairmount, WV 26554 (the �Facility�), owned by Exxon Mobil. Exxon Mobil had hired the Respondent to conduct excavation and remediation activities at the site. From June 27 to July 2, 2008, Respondent arranged for the shipment of 104 truckloads of hazardous waste from the Facility to two landfills that did not have RCRA identification numbers. The violations of RCRA Subtitle C and of the federally-authorized West Virginia Hazardous Waste Management Regulations included: (1) offering 104 truckloads of hazardous waste from the Facility for transportation, for off-site treatment, storage or disposal, without preparing hazardous waste manifests (2) offering for transportation 104 truckloads of hazardous waste from the Facility to transporters that did not have EPA ID numbers (3) offering for transportation 104 truckloads of hazardous waste from the Facility to two treatment, storage or disposal facilities that did not have EPA ID numbers (4) offering for transportation 104 truckloads of hazardous waste from the Facility without placarding or providing the initial transporters with the appropriate placards, (5) shipping 104 truckloads of hazardous waste to two treatment, storage or disposal facilities, without determining whether these wastes needed to be treated before land disposal, and (6) failure to send the required one-time written land disposal notification form to the facilities receiving the waste. The settlement requires Respondent to pay a civil penalty for the identified violations. Subsequent to the dates of the violations, Respondent remediated and disposed of the hazardous wastes that were sent to the two landfills that did not have RCRA identification numbers.

Defendants (1)

• ARCADIS, U.S., INCNamed in complaintNamed in settlement

Facilities (1)

• SHARON STEEL CORP-FAIRMONT COKE WORKS

  HAULT ROAD, FAIRMONT, WV, 26554

  Registry ID: 110007874050

Statutes cited

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

Enforcement conclusions (1)

• ARCADIS, U.S., INCentered 2010-08-19

  Primary law: RCRA

  Federal penalty: $325,000

Timeline (3 milestones)

• 2010-08-19Final Order Issued
• 2010-08-19Complaint Filed/Proposed Order
• 2010-08-20Enforcement Action Data Entered