EPA v. BEMIS COMPANY, INC.

Case summary

On May 30, 2019, Region III entered into a Consent Agreement with, and issued a Final Order to, Bemis Company, Inc., settling violations of RCRA Subtitle C that EPA inspectors observed during an inspection of the company's facility in West Hazleton, PA (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 plastic bags, and prints on these bags using ink. Because this process generates hazardous waste, in the form of waste ink and spent solvent, the Facility is required to comply with the Resource Conservation and Recovery Act (RCRA) and the federally-authorized Pennsylvania 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 without a permit or interim status; (2) failed to keep a hazardous waste container closed except when adding/removing waste; (3) failed to maintain adequate aisle space for hazardous waste containers; (4) failed to provide annual hazardous waste training; (5) failed to maintain personnel records; (6) failed to prepare an adequate contingency plan; (7) failed to retain TSD-signed copies of manifests or submit Exception Reports; (8) failed to maintain LDR documentation; (9) failed to provide written assessments for five hazardous waste tanks; (10) failed to provide secondary containment for four hazardous waste tanks; (11) failed to perform and record daily inspections of hazardous waste tanks; (12) failed to keep container of universal waste lamps closed; (13) failed to determine if equipment contains or contacts hazardous waste with 10% or more organics; (14) failed to keep records of equipment subject to 40 C.F.R. Part 264, Subpart BB; (15) failed to mark equipment subject to 40 C.F.R. Part 264, Subpart BB; (16) failed to inspect and monitor one pump and two valves subject to 40 C.F.R. Part 264, Subpart BB; (17) failed to provide hazardous waste tanks subject to 40 C.F.R. Part 264, Subpart CC, with emission controls, and perform required inspections and recordkeeping. The Company has agreed to pay a penalty of $78,000 to settle the enforcement action, and refined its procedures for handling waste ink and spent solvent. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed PADEP of the action by letter on November 14, 2018, and received no objection.

Defendants (1)

• BEMIS COMPANY, INC.Named in complaintNamed in settlement

Facilities (4)

• BEMIS COMPANY INC.

  20 JAYCEE DR, HAZLETON, PA, 18202

  Registry ID: 110045604057

• BEMIS COMPANY, INC.

  20 JAYCEE DR, HAZLETON, PA, 18202

  Registry ID: 110045604057

• BEMIS COMPANY INC.

  20 JAYCEE DR, HAZLETON, PA, 18202

  Registry ID: 110045604057

• BEMIS COMPANY, INC.

  20 JAYCEE DR, HAZLETON, PA, 18202

  Registry ID: 110045604057

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BEMIS COMPANY, INC.entered 2019-05-30

  Primary law: RCRA

  Federal penalty: $78,000

Timeline (4 milestones)

• 2019-05-30Final Order Issued
• 2019-05-30Complaint Filed/Proposed Order
• 2019-06-03Enforcement Action Data Entered
• 2019-06-11Enforcement Action Closed