EPA v. KMX CHEMICAL CORPORATION

Case summary

FROM AT LEAST JANUARY 1, 2008 UNTIL JUNE 30, 2010, RESPONDENT FAILED TO QUALIFY FOR THE LESS THAN 90 DAY GENERATOR ACCUMULATION EXEMPTION OF 9 VAC 20-60-262(A), WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 262.34(A) WITH EXCEPTIONS NOT RELEVANT HEREIN, BY FAILING TO SATISFY THE CONDITIONS FOR THE EXEMPTION AS SET FORTH IN 9 VAC 20-60-262(A). 2. RESPONDENT STORED HAZARDOUS WASTE AT THE FACILITY WITHOUT A PERMIT, INTERIM STATUS OR VALID EXEMPTION, IN VIOLATION OF 9 VAC-20-60-270(A), WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 3005(A) OF RCRA, 42 U.S.C. SECTION 6925(A). 3. RESPONDENT FAILED TO MAKE A HAZARDOUS WASTE DETERMINATION FOR THE SOLID WASTE CONTENTS OF TANK NOS. 58, 71 AND 72 AND THE FLUORESCENT BULBS AT THE FACILITY, IN VIOLATION OF 9 VAC 20-60-262 AND 40 C.F.R. SECTION 262.11. 4. RESPONDENT FAILED TO PROVIDE INITIAL AND ANNUAL REVIEW TRAINING IN CALENDAR YEARS 2007 AND 2008 TO THE FACILITY'S PLANT MANAGER AND TO SEVERAL EMERGENCY COORDINATORS IN 2008. 5. THE FACILITY'S FAILURE TO PROVIDE FADCILITY PERSONNEL WHOSE POSITIONS REQUIRED KNOWLEDGE OF HAZARDOUS WASTE MANAGEMENT AT THE FACILITY WITH INITIAL AND ANNUAL REVIEW HAZARDOUS WASTE MANAGEMENT TRAINING DESCRIBED IN PARAGRAPH 32 ABOVE IN 2007 AND 2008 WAS A VIOLATION OF 9 VAC 20-60-262(A) AND 40 C.F.R. SECTION 264.16(A)-(C). 6. FROM AT LEAST DECEMBER 8, 2007 UNTIL JUNE 30, 2010, RESPONDENT FAILED TO MAINTAIN DOCUMENTATION OF THE JOB TITLES AND JOB DESCRIPTIONS FOR POSITIONS AT THE FACILITY RELATING TO HAZARDOUS WASTE MANAGEMENT. 7. RESPONDENT'S FAILURE TO MAINTAIN ADEQUATE DOCUMENTATION OF THE JOB TITLES AND JOB DESCRIPTIONS FOR POSITIONS RELATED TO HAZARDOUS WASTE MANAGEMENT AT THE FACILITY WAS A VIOLATION OF 9 VAC 20-60-254(A) AND 40 C.F.R. SECTION 264.16(D). 8. FROM AT LEAST DECEMBER 8, 2007 UNTIL JUNE 30, 2010, RESPONDENT FAILED TO PROVIDE THE HOME ADDRESSES AND WORK PHONE NUMBERS FOR THE FACILITY'S EMERGENCY COORDINATORS, FAILED TO DESCRIBE ARRANGEMENTS WITH LOCAL RESPONDERS, AND FAILED TO PROVIDE THE LOCATIONS AND CAPACITIES OF EMERGENCY EQUIPMENT AT THE FACILITY IN THE FACILITY CONTINGENCY PLAN AS REQUIRED BY 9 VAC 20-60-264(A), WHICH INCORPRATES BY REFERENCE 40 C.F.R. SECTION 264.52(C)-(E). 9. RESPONDENT'S FAILURE TO MAINTAIN AN UPDATED AND ADEQUATE CONTINGENCY PLAN AT THE FACILITY WAS A VIOLATION OF 9 VAC 20-60-264(A) AND 40 C.F.R. SECTION 264.52(C)-(E). 10. FROM AT LEAST JANUARY 1, 2008 UNTIL JUNE 30, 2010, RESPONDENT FAILED TO OBTAIN AND/OR KEEP ON THE FILE AT THE FACILITY WRITTEN STATEMENTS BY THOSE PERSONS REQUIRED TO CERTIFY THE DESIGN OF THE TANK SYSTEM AND SUPERVISE THE INSTALLATION OF THE TANK SYSTEM IN ACCORDANCE WITH THE REQUIREMENTS OF 9 VAC 20-60-264(A), WHICH INCORPORATES 40 C.F.R. SECTION 264. 192(B) - (F) BY REFERENCE, FOR TANK NOS. 58 AND 72. 11. THE FACILITY'S FAILURE TO OBTAIN AND KEEP ON FILE AT THE FACILITY WRITTEN STATEMENTS BY THOSE PERSONS REQUIRED TO CERTIFY THE DESIGN OF THE TANK SYSTGEM AND SUPERVISE THE INSTALLATION OF THE TANK SYSTEM IN ACCORDANCE WITH THE REQUIREMENTS OF 9 VAC 20-60-264(A), WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 264.193(B) THROUGH (F) THAT ATTEST THAT THE TANK SYSTEM WAS PROPERLY DESIGNED AND INSTALLED AND THAT REPAIRS, PURSUANT TO 9 VAC 20-60-264(A), WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 264.193(B) AND (D), WERE PERFORMED, AND FURTHER HAVE SUCH WRITTEN STATEMENTS RECITE THE CERTIFICATION STATEMENT AS REQUIRED IN 9 VAC 20-60-270, WHICH INCORPORATES 40 C.F.R. SECTION 270.11(D)BY REFERENCE FOR TANK NOS. 58 AND 72 AT THE FACILITY WAS IN VIOLATION OF BY 9 VAC 20-60-264(A) WHICH INCORPORATES BY REFERENCE 40 C.F.R. SECTION 264.192(A) AND (G). 12. ON DECEMBER 8, 2008, THE DAY OF THE EPA CEI, RESPONDENT DID NOT PROVIDE SPILL OR OVERFLOW PREVENTION CONTROLS FOR TANK NO. 58, WHICH CONTAINS D001 HAZARDOUS WASTE THAT EXHIBITED THE CHARACTERISTIC FOR IGNITIABILITY, WITHIN THE MEANING OF 9 VAC 20-60-264(A) WHICH INCOPORATES BY REFERENCE 40 C.F.R. SECTION 261.21

Defendants (1)

• KMX CHEMICAL CORPORATION (SB)Named in complaintNamed in settlement

Facilities (3)

• KMX CHEMICAL CORP

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORP

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORP

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

Statutes cited

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

Enforcement conclusions (1)

• KMX CHEMICAL CORPORATIONentered 2012-05-24

  Primary law: RCRA

  Federal penalty: $50,000

Timeline (3 milestones)

• 2012-05-24Complaint Filed/Proposed Order
• 2012-05-24Final Order Issued
• 2012-06-13Enforcement Action Data Entered