EPA v. SAFETY KLEEN SYSTEMS, INC

Case summary

On October 18, 2017, Safety-Kleen Systems, Inc. and the U.S. Environmental Protection Agency, Region III, entered into a Consent Agreement and Final Order (CAFO) resolving a violation of TSCA Section 6(e), 15 U.S.C.  2605(e), and its implementing regulations set forth in 40 C.F.R. Part 761 (Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions). Safety-Kleen is regulated under TSCA?s PCB provisions because it stored and transported PCBs which are hazardous to human health. In 2016, Safety-Kleen received waste oil which was contaminated with PCBs from a municipal waste collection site in Fauquier County, Virginia. After comingling the waste oil in a tanker truck, Safety-Kleen brought the waste oil to its facility in Manassas, Virginia. Subsequently, Safety-Kleen sampled the oil in the tanker truck, and testing revealed that that the waste oil was contaminated with PCBs at above regulatory levels. The violation in the CAFO alleged the unlawful distribution of PCB waste oil in commerce which is prohibited by 40 C.F.R. 761.20(c). Safety-Kleen will pay a penalty of $25,268 and will post an advisory on its website for a period of five years advising generators of used waste oil to notify Safety-Kleen of possible PCB contamination and to make prior arrangements for the safe handling of PCB waste oil. This CAFO initiates and resolved this enforcement action. The PCB contact for the Virginia Department of Environmental Quality was notified of this action by email on August 8, 2017, and does not object. TSCA is not delegated to the states, and there has been no state or local involvement in this case.

Defendants (1)

• SAFETY KLEEN SYSTEMS, INCNamed in complaintNamed in settlement

Facilities (1)

• SAFETY KLEEN SYSTEMS

  11520 BALLS FORD ROAD, MANASSAS, VA, 20109

  Registry ID: 110000869962

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SAFETY KLEEN SYSTEMS, INCentered 2017-10-18

  Primary law: TSCA

  Federal penalty: $25,268

Timeline (3 milestones)

• 2017-10-18Final Order Issued
• 2017-10-18Complaint Filed/Proposed Order
• 2017-10-19Enforcement Action Data Entered