EPA v. AERC ACQUISITION CORPORATION D/B/A AERC RECYCLING SOLUTIONS, A CLEAN EARTH CO.

Case summary

On March 31, 2021, 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, settling violations of RCRA Subtitle C that EPA inspectors observed during an inspection of the company's facility in Allentown, Pennsylvania (Facility). The settlement will ensure that, in the future, the company will properly manage hazardous waste at the Facility. At the Facility, the company collects and processes electronic waste, and is a large quantity generator of hazardous waste. The Facility is required to comply with 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. EPA inspectors observed that the Company failed to comply with the following requirements of its RCRA Permit: (1) failed to implement the Preparedness, Prevention and Contingency Plan, (2) failed to maintain an accurate waste inventory and tracking system, (3) failed to mark containers of incoming waste with date of arrival at the facility, (4) failed to keep containers closed, and failed to transfer waste from container in poor condition to container in good Condition, (5) failed to submit quarterly drawings of facility floor plan to PADEP, (6) failed to comply with waste placement requirements, and (7) failed to comply with container stacking height, width and depth requirements in RCRA Permit. In addition, the company (8) failed to meet the conditions of the generator permit exemption, (9) failed to maintain a manifest signed by the designated facility manifest and failed to timely submit to EPA an Exception Report and legible copy of the manifest, and (10) failed to sign and date manifests when acting as transporter. To settle the enforcement action, AERC has agreed to pay a civil penalty of $27,000, has improved its procedures for handling and storing hazardous waste. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA coordinated with PADEP in determining the list of violations.

Defendants (1)

• AERC ACQUISITION CORP D/B/A AERC RECYCLING SOLUTIONamed in complaintNamed in settlement

Facilities (8)

• AERC ACQUISITION CORPORATION D/B/A AERC RECYCLING SOLUTIONS, A CLEAN EARTH CO

  2591 MITCHELL AVENUE, ALLENTOWN, PA, 18103

  Registry ID: 110000335085

• AERC ACQUISITION CORPORATION D/B/A AERC RECYCLING SOLUTIONS, A CLEAN EARTH CO

  2591 MITCHELL AVENUE, ALLENTOWN, PA, 18103

  Registry ID: 110000335085

• AERC RECYCLING SOLUTIONS A CLEAN EARTH CO

  2591 MITCHELL AVE, ALLENTOWN, PA, 18103-6609

  Registry ID: 110000335085

• AERC RECYCLING SOLUTIONS A CLEAN EARTH CO

  2591 MITCHELL AVE, ALLENTOWN, PA, 18103-6609

  Registry ID: 110000335085

• AERC ACQUISITION CORPORATION D/B/A AERC RECYCLING SOLUTIONS, A CLEAN EARTH CO

  2591 MITCHELL AVENUE, ALLENTOWN, PA, 18103

  Registry ID: 110000335085

• AERC RECYCLING SOLUTIONS A CLEAN EARTH CO

  2591 MITCHELL AVE, ALLENTOWN, PA, 18103-6609

  Registry ID: 110000335085

• AERC ACQUISITION CORPORATION D/B/A AERC RECYCLING SOLUTIONS, A CLEAN EARTH CO

  2591 MITCHELL AVENUE, ALLENTOWN, PA, 18103

  Registry ID: 110000335085

• AERC RECYCLING SOLUTIONS A CLEAN EARTH CO

  2591 MITCHELL AVE, ALLENTOWN, PA, 18103-6609

  Registry ID: 110000335085

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AERC ACQUISITION CORPORATION D/B/A AERC RECYCLING SOLUTIONS, A CLEAN EARTH CO.entered 2021-03-31

  Primary law: RCRA

  Federal penalty: $27,000

Timeline (4 milestones)

• 2021-03-31Complaint Filed/Proposed Order
• 2021-03-31Final Order Issued
• 2021-03-31Enforcement Action Data Entered
• 2021-04-12Enforcement Action Closed