EPA v. HAGERSTOWN AIRCRAFT SERVICES, INC

Case summary

A. Failure to Make Hazardous Waste Determinations 1. COMAR 26.13.03.02A provides that a person who generates a solid waste as defined in COMAR 26.13.02.02 shall determine if that waste is a hazardous waste using the method set forth in COMAR 26.13.03.02.A-B. 2. As the person who generated solid waste, Respondent was required by COMAR 26.13.03.02A to determine if the solid waste it generated at the Facility was hazardous waste using the method prescribed by COMAR 26.13.03.02A-B. 3. Respondent strips paint from airplanes, which process generates paint waste and spent caustic solution, both of which are solid wastes. The spent caustic solution is collected and treated in an on-site wastewater treatment plant. 4. Respondent paints airplanes, which process generates paint waste and spent solvents, both of which are solid wastes. 5. Respondent repairs airplane engines, which process generates spent solvents, which are solid wastes. 6. At the time of the EPA inspection, Respondent stored four drums of paint waste in an area identified by Respondent as the stripping shop. According to Respondent, the paint waste had been generated at the Facility at least fourteen years prior to the EPA Inspection. 7. From at least April 28, 2010 to the present, Respondent generated, and subsequently treated, stored and/or disposed of, a solid waste (paint waste, spent solvents and spent cuastics), without performing a hazardous waste determination on such solid waste. 8. Respondent failed to perform hazardous waste determinations as required by COMAR 26.13.03.02A, on solid wastes it generated at the Facility. 9. Respondent violated COMAR 26.13.03.02A by failing to perform a hazardous waste determination on solid waste generated at the Facility, for which a penalty may be assessed pursuant to Section 3008 of RCRA, 42 U.S.C. ' 6928. B. Failure to respond to a Request for Information 1. On May 28, 2010, a duly designated employee of EPA sent to Respondent, via UPS next day delivery, an Information Request Letter (?IRL?) pursuant to Section 3007(a) of RCRA, 42 U.S.C. ' 6927(a), regarding the management of hazardous waste at the Facility. 2. The IRL required Respondent to provide a response to the IRL within twenty (20) calendar days after receipt of the letter. 3. On August 10, 2010, Complainant sent a follow up letter to Respondent requesting a response to the May 28, 2010 IRL. 4. Respondent did not submit a response to the May 28, 2010 EPA IRL or the August 10, 2010 follow-up letter. 5. Section 3007(a) of RCRA, 42 U.S.C. ' 6927(a), provides that for the purposes of, inter alia, enforcing the provisions of RCRA Subtitle C, 42 U.S.C. '' 6921 et seq., any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request inter alia, of a duly designated EPA employee, furnish information relating to such wastes. 6. Respondent violated Section 3007(a) of RCRA, 42 U.S.C. ' 6927(a), by failing to submit a response to an IRL and follow-up letter issued by EPA to Respondent pursuant to Section 3007(a) of RCRA, 42 U.S.C. ' 6927(a), for which a penalty may be assessed pursuant to Section 3008 of RCRA, 42 U.S.C. ' 6928.

Defendants (1)

• HAGERSTOWN AIRCRAFT SERVICES, INC(SB)Named in complaintNamed in settlement

Facilities (2)

• HAGERSTOWN AIRCRAFT SERVICE

  14235 OAK SPRING ROAD, HAGERSTOWN, MD, 21742

  Registry ID: 110001836764

• HAGERSTOWN AIRCRAFT SERVICE

  14235 OAK SPRING ROAD, HAGERSTOWN, MD, 21742

  Registry ID: 110001836764

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• HAGERSTOWN AIRCRAFT SERVICES, INCentered 2014-10-08

  Primary law: RCRA

  Federal penalty: $64,000

Timeline (3 milestones)

• 2011-03-24Complaint Filed/Proposed Order
• 2011-04-04Enforcement Action Data Entered
• 2014-10-08Final Order Issued