EPA v. AKZO NOBEL COATINGS, INC

Case summary

On December 6, 2018, Region III entered into a Consent Agreement with, and issued a Final Order to, Azko Nobel Coatings, Inc., settling violations of RCRA Subtitle C that EPA inspectors observed during an inspection of the company's facility in Roanoke, Virginia (Facility). The settlement will ensure that, in the future, the company will properly contain and manage hazardous waste at the Facility. At the Facility, the company manufactures paints and coatings. Because this process generates a waste coatings and waste paint, the Facility is required to comply with the Resource Conservation and Recovery Act (RCRA) and the federally-authorized Maryland Hazardous Waste Management Regulations. RCRA is designed to protect human health and the environment by providing for the safe management of such hazardous wastes. During the inspection of the Facility, and through subsequent communications, the EPA inspectors observed that the company: (1) operated a hazardous waste treatment, storage, and disposal facility without a permit or interim status; (2) failed to make a timely waste determination on off-spec and returned products, (3) failed to keep hazardous waste containers closed except as necessary to add or remove waste; (4) failed to file an exception report after not receiving a signed manifest from the destination facility within 45 days of the date the waste was received by the transporter, (5) failed to keep containers of universal waste lamps closed, and (6) failed to properly label containers of universal waste lamps. The Company has agreed to pay a penalty of $25,000 to settle the enforcement action, and refined its SOP for handling off-spec and returned paint and coating products. The Consent Agreement and Final Order initiate and resolve this enforcement action. During the inspection of the Facility, EPA was accompanied by an inspector from the Virginia Department of Environmental Quality (?VADEQ?). EPA informed MDE of the action by letter on November 28, 2017, and received no objection.

Defendants (1)

• AKZO NOBEL COATINGS, INCNamed in complaintNamed in settlement

Facilities (2)

• AKZO NOBEL COATINGS, INC.

  2837 ROANOKE AVE. S.W., ROANOKE, VA, 240155407

  Registry ID: 110000342861

• AKZO NOBEL COATINGS INC.

  2837 ROANOKE AVE SW, ROANOKE, VA, 24015

  Registry ID: 110000342861

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AKZO NOBEL COATINGS, INCentered 2018-12-06

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2018-12-06Final Order Issued
• 2018-12-06Complaint Filed/Proposed Order
• 2018-12-11Enforcement Action Data Entered
• 2019-01-29Enforcement Action Closed