EPA v. BLUE RIDGE WOOD PRODUCTS, LLC

Case summary

On April 30, 2020, Region III entered into a Consent Agreement with, and issued a Final Order to, Blue Ridge Wood Products, LLC, settling violations of RCRA Subtitles C and W that EPA inspectors observed during an inspection of the company's facility in Fairless Hills, PA (Facility). The settlement will ensure that, in the future, the company will properly inspect and maintain the wood treatment drip pad at the Facility. At the Facility, the company pressure treats wood. Because Respondent's predecessors treated wood at the Facility with copper chromated arsenic ( CCA ), and Respondent did not close the cylinders or drip pad in accordance 40 C.F.R. Part 264, Subpart W after the Facility discontinued using CCA, Respondent continues to manage the waste collected from the drip pad as F035 hazardous waste, and the drip pad is subject to the applicable drip pad requirements in 40 C.F.R. Part 264, Subpart W of 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 retain TSD-signed copies of manifests or submit exception reports; (3) failed to maintain hydraulic conductivity of the drip pad; (4) failed to maintain the drip pad free of cracks, gaps, corrosion or other deterioration; (5) failed to document the date and time of each cleaning and cleaning procedure used, in the facility's operating log; (6) failed to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad; (7) failed to hold wood on drip pad until drippage ceased; (8) failed to maintain records of inspections of drip pad weekly and after storms; (9) failed to maintain records of weekly inspections of hazardous waste storage areas; (10) failed to properly mark universal waste lamps; (11) failed to keep a container of universal waste lamps closed; and (12) failed to have a method to demonstrate the length of time that universal waste lamps have been accumulated. The Company has already repaired the drip pad and has agreed to pay a civil penalty of $33,320 to settle the enforcement action. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed PADEP of the action on February 15, 2019, and received no objection.

Defendants (1)

• BLUE RIDGE WOOD PRODUCTS, LLCNamed in complaintNamed in settlement

Facilities (2)

• PROWOOD LLC PLANT FAIRLESS HILLS FACILITY

  400 ROCK RUN RD, FAIRLESS HILLS, PA, 19030-4318

  Registry ID: 110000336253

• BLUE RIDGE WOOD TREATMENT FACILITY, LLC

  400 ROCK RUN ROAD, FAIRLESS HILLS, PA, 19030

  Registry ID: 110000336253

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BLUE RIDGE WOOD PRODUCTS, LLCentered 2020-04-30

  Primary law: RCRA

  Federal penalty: $33,320

Timeline (4 milestones)

• 2020-04-30Complaint Filed/Proposed Order
• 2020-04-30Final Order Issued
• 2020-05-04Enforcement Action Data Entered
• 2020-05-11Enforcement Action Closed