EPA v. AERC ACQUISITON CORPORATION dba AERC RECYCLING SOLUTIONS, A CLEAN EARTH COMPANY

Case summary

On February 25, 2020, Region III entered into a Consent Agreement with, and issued a Final Order to, AERC Acquisition Corporation, dba AERC Recycling Solutions, A Clean Earth Company (AERC), settling violations of RCRA Subtitle C that EPA inspectors observed during an inspection of the company's facility in Richmond, Virginia (Facility). The settlement will ensure that, in the future, the company will properly contain and manage hazardous waste lamps at the Facility. At the Facility, the company collects waste lamps, stores them and prepares them for shipment and further processing. EPA considers these waste lamps to be hazardous waste. As a result, the Facility is required to comply with the Resource Conservation and Recovery Act (RCRA) and the federally-authorized Virginia 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 mark containers with words, Hazardous Waste ; (3) failed to mark containers of hazardous waste with their accumulation start date; (4) failed to keep hazardous waste containers closed except when adding/removing waste; (5) failed to keep hazardous waste in containers that were structurally sound to avoid leakage; (6) failed to minimize risk of release of hazardous waste; and (7) failed to immediately clean up broken waste lamps. To settle the enforcement action, AERC has agreed to pay a civil penalty of $10,000 and spend at least $40,000 to conduct an electronics collection and recycling event (or events). AERC has improved its procedures for handling and storing waste lamps, and cleaning up broken lamps. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed VADEQ of the action by letter on February 20, 2019, and received no objection.

Defendants (1)

• AERC ACQUISITON CORPORATION dba AERC RECYCLING SOLNamed in complaintNamed in settlement

Facilities (2)

• AERC ACQUISITON CORPORATION DBA AERC RECYCLING SOLUTIONS, A CLEAN EARTH COMPANY

  3301 ROSEDALE AVENUE, SUITE D, RICHMOND, VA, 23230

  Registry ID: 110067425771

• AERCCOM INC

  3301 ROSEDALE AVE, RICHMOND, VA, 23230

  Registry ID: 110067425771

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AERC ACQUISITON CORPORATION dba AERC RECYCLING SOLUTIONS, A CLEAN EARTH COMPANYentered 2020-02-25

  Primary law: RCRA

  Federal penalty: $10,000 · SEP: $40,000

Timeline (4 milestones)

• 2020-02-25Final Order Issued
• 2020-02-25Complaint Filed/Proposed Order
• 2020-02-26Enforcement Action Data Entered
• 2021-01-05Enforcement Action Closed