EPA v. INDEPENDENT CAN COMPANY

Case summary

1. From at least January I, 2011 until May 3, 2016, Respondent did not meet the requirements for a permit exemption under COMAR 26.13.03.0SE and therefore violated COMAR 26.13.07.0 I A and Section 3005(a) of RCRA, 42 U.S.C. 6925(a), by operating a hazardous waste storage facility (i.e., the Facility) without a permit or interim status. 2. On May 3, 2016, Respondent violated COMAR 26.13.03.02 by failing to perform hazardous waste determinations on solid waste generated at the Facility. 3. On May 3, 2016, Respondent violated COMAR 26.13.03.06 A(l) by failing to keep a copy of each manifest signed in accordance with COMAR 26.13 .03 .04A{l) for three years or until Respondent received a signed copy from the designated facility which received the waste. 4. From March 2, 2012 through and including May 20, 2013 and from March 2, 2016 through and including May 27, 2016, Respondent violated COMAR 26.13.03.068(1 )(b)(ii) and (c)(ii) by failing to submit biennial reports due March 1, 2012 and March 1, 2016 by the due date for such biennial reports. 5. From May 3, 2011 through and including May 3, 2016, Respondent violated COMAR 26.13.05.02G( I )(a) and (c) by failing to provide hazardous waste management training that teaches the employees to perform their duties in a way that ensures compliance with the MdHWMR, and at a minimum is designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems. 6. From at least May 3, 2011 until May 3, 2016, Respondent violated COMAR 26.13.05.02G(4)(a) by failing to list the job title for each positIon related to hazardous waste management in documents and records maintained at the Facility. 7. On May 3, 2016, Respondent violated COMAR 26.13.05.04C by failing to list the names and addresses of the facility emergency coordinators in the Facility Contingency Plan as required by COMAR 26.13.05.04C(4). 8. From May 17, 2013 to May 28, 2013, June 19, 2015 to July 6, 2015, December 15, 2015 to December 30, 2015 and March 18, 2016 to April 1, 2016, Respondent violated COMAR 26.13.05.09(E), by failing to inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration of containers and the containment system caused by corrosion and other factors. 7. On May 3, 2016, Respondent violated COMAR 26.13.05.04C by failing to list the names and addresses of the facility emergency coordinators in the Facility Contingency Plan as required by COMAR 26.13.05.04C(4). 8. From May 17, 2013 to May 28, 2013, June 19, 2015 to July 6, 2015, December 15, 2015 to December 30, 2015 and March 18, 2016 to April 1, 2016, Respondent violated COMAR 26.13.05.09(E), by failing to inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration of containers and the containment system caused by corrosion and other factors.

Defendants (1)

• INDEPENDENT CAN COMPANYNamed in complaintNamed in settlement

Facilities (1)

• INDEPENDENT CAN COMPANY

  1300 BRASS MILL RD, BELCAMP, MD, 21017-1236

  Registry ID: 110000869178

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• INDEPENDENT CAN COMPANYentered 2017-08-30

  Primary law: RCRA

  Federal penalty: $33,195 · SEP: $36,609

Timeline (4 milestones)

• 2017-08-30Enforcement Action Data Entered
• 2017-08-30Complaint Filed/Proposed Order
• 2017-08-30Final Order Issued
• 2018-11-28Enforcement Action Closed