EPA v. COLONIAL METALS, INC.

Case summary

On August 12, 2020, Region III entered into a Consent Agreement with, and issued a Final Order to, Colonial Metals, Inc., settling violations of RCRA Subtitles C that EPA inspectors observed during an inspection of the company's metals refining facility in Elkton, Maryland (Facility). The settlement will ensure that the company will properly label, inspect and maintain the hazardous waste tanks and containers the Facility. At the Facility, Respondent manufactures approximately 700 different chemical compounds, and generates hazardous wastes, including nickel sulfate solution. Respondent uses two storage tanks to store the hazardous waste nickel sulfate, and is also a small quantity generator of hazardous waste lamps. Through an inspection of the Facility and additional information gathering, the EPA inspectors observed that the Respondent: (1) operated a hazardous waste treatment, storage, and disposal without a permit or interim status; (2) failed to conduct weekly inspections of hazardous waste accumulation areas; (3) failed to conduct daily inspections of above-ground storage tanks which were storing hazardous waste; (4) failed to obtain a written assessment for a new tank system, reviewed and certified by a qualified professional engineer; (5) failed to provide a built-in, continuous leak detection system on hazardous waste storage tanks; (6) failed to keep containers of hazardous waste closed except when it was necessary to add or remove waste; and (7) failed to maintain an adequate contingency plan. In response to EPA?s enforcement action, Respondent will (1) obtain an engineer?s certification that the hazardous waste storage tanks have sufficient structural integrity to store hazardous waste; (2) install a leak detection systems on the tanks; (3) draft and submit to EPA SOPs for conducting weekly inspections of hazardous waste accumulation areas and daily inspections of the hazardous waste storage tanks. Respondent has also agreed to pay a civil penalty of $89,000 to settle the enforcement action. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed MDE of the action on December 20, 2018, and received no objection.

Defendants (1)

• COLONIAL METALS, INC.Named in complaintNamed in settlement

Facilities (2)

• COLONIAL METALS INC - TRIUMPH INDUSTRIAL PARK BLDG 20

  505 BLUE BALL RD, ELKTON, MD, 21921-4856

  Registry ID: 110000340710

• COLONIAL METALS, INC.

  505 BLUE BALL ROAD #20, ELKTON, MD, 21921-4856

  Registry ID: 110000340710

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• COLONIAL METALS, INC.entered 2020-08-12

  Primary law: RCRA

  Federal penalty: $89,000

Timeline (4 milestones)

• 2020-08-12Complaint Filed/Proposed Order
• 2020-08-12Final Order Issued
• 2020-08-13Enforcement Action Data Entered
• 2020-10-14Enforcement Action Closed