EPA v. ELECTROMET CORPORATION

Case summary

ON JUNE 8, 2011, RESPONDENT FAILED TO QUALIFY FOR THE LESS THAN 90 DAY GENERATOR ACCUMULATION EXEMPTION OF COMAR 26.13.03.05E, BY FAILING TO SATISFY THE CONDITIONS FOR THE EXEMPTION AS SET FORTH IN COMAR 26.13.03.05E. FROM MAY 17, 2010 TO OCTOBER 18, 2010 AND FROM OCTOBER 18, 2010 TO MARCH 14, 2011, RESPONDENT STORED HAZARDOUS WASTE AT THE FACILITY WITHOUT A PERMIT, INTERIM STATUS OR VALID EXEMPTION, IN VIOLATION OF COMAR 26.13.07.01A AND SECTION 3005A OF RCRA, 42 U.S.C. SECTION 6925(a). ON JUNE 8, 2011, RESPONDENT VIOLATED COMAR 26.13.05.09D BY FAILING TO KEEP CONTAINERS HOLDING HAZARDOUS WASTE CLOSED DURING STORAGE, EXCEPT WHEN IT IS NECESSARY TO ADD OR REMOVE WASTE. RESPONDENT VIOLATED COMAR 26.13.03.02 BY DISPOSING OF WASTE AEROSOL CANS AND WASTE FLUORESCENT LIGH TBULBS GENERATED AT THE FACILITY WITHOUT FIRST DETERMINING WHETHER SUCH WASTE IS HAZARDOUS USING ONE OF THE METHODS SET FORTH IN COMAR 26 13.03.02. FROM AT LEAST JUNE 8, 2008 THROUGH JUNE 8, 2011, RESPONDENT FAILED TO CONDUCT WEEKLY IMSPECTIONS OF THE HAZARDOUS WASTE STORAGE AREA AT THE FACILITY. FROM AT LEAST JUNE 8, THROUGH JUNE 8, 2011, RESPONDENT VIOLATED COMAR 26.13.05.09E BY FAILING TO CONDUCT WEEKLY INSPECTIONS OF THE HAZARDOUS WASTE STORAGE AREA AT THE FACILITY. RESPONDENT FAILED TO MAINTAIN THE DOCUMENTATION REQUIRED BY COMAR 26.13.05.02G(4)(a)-(c): 1) THE JOB TITLE FOR EACH POSITION AT THE FACILITY RELATED TO HAZARDOUS WASTE MANAGEMENT, AND THE NAME OF THE EMPLOYEE FILLING EACH SUCH JOB; 2) A WRITTTEN JOB DESCRIPTION FOR EACH POSITION LISTED UNDER COMAR 26.13.05.02G(4)(a); AND 3) A WRITTEN DESCRIPTION OF THE TYPE AND AMOUNT OF INTRODUCTORY AND CONFIRMING TRAINING THAT WILL BE GIVEN TO EACH PERSON LISTED IN COMAR 26.13.05.02G(4)(a) FOR THE CALENDAR YEARS 2008, 2009, 2010 AND 2011. RESPONDENT VIOLATED COMAR 26.13.05.02G(4)(a)-(c) FOR CALENDAR YEARS 2008, 2009, 2010, AND 2011 BY FAILING TO MAINTAIN THE DOCUMENTATION REQUIRED BY COMAR 26.13.05.02G(4)(a)-(c). RESPONDENT FAILED TO PROVIDE FAICLITY PERSONNEL AN ANNUAL REVIEW OF HAZARDOUS WASTE MANAGEMENT TRAINING REQUIRED BY COMAR 26.13.05.02G(3) FOR CALENDAR YEARS 2008, 2009, 2010, AND 2011. FROM AT LEAST FEBRUARY 10, 2009 UNTIL JUNE 8, 2011, RESPONDENT DID NOT HAVE A CONTINGENCY PLAN FOR THE FACILITY AS REQUIRD BY COMAR 26.13.05.04B(1). FROM AT LEAST FEBRUARY 10, 2009 UNTIL JUNE 8, 2011, RESPONDENT VIOLATED COMAR 26.13.05.04B(1) BY FAILING TO HAVE A CONTINGENCY PLAN FOR THE FACILITY.

Defendants (1)

• ELECTROMET CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• ELECTROMET CORPORATION

  879 COMMONWEALTH AVE, HAGERSTOWN, MD, 21740-6888

  Registry ID: 110000846960

Statutes cited

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

Enforcement conclusions (1)

• ELECTROMET CORPORATIONentered 2012-09-27

  Primary law: RCRA

  Federal penalty: $95,000

Timeline (3 milestones)

• 2012-09-27Final Order Issued
• 2012-09-27Complaint Filed/Proposed Order
• 2012-10-04Enforcement Action Data Entered