EPA v. CLEVELAND BROTHERS EQUIPMENT CO., INC.

Case summary

On January 12, 2022 EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative action proceeding against Cleveland Brothers Equipment Co., Inc. ( CBEC ) located at 2009 State Road, Camp Hill, PA ( Facility ) for alleged violations of the Resource Conservation and Recovery Act ( RCRA ) and the authorized Pennsylvania Hazardous Waste Management Regulations discovered after an EPA sent CBEC requests for information on September 9, 2020 and November 19, 2020. RCRA gives EPA the authority to control hazardous waste from the cradle-to-grave. This includes the generation, transportation, treatment, storage and disposal of hazardous waste. To that end, EPA develops regulations, guidance and policies that ensure the safe management and cleanup of solid and hazardous waste, and programs that encourage source reduction and beneficial reuse. CBEC is engaged in the repair of hydraulic cylinder components for heavy earthmoving equipment. The violations in the settlement include operation without a hazardous waste permit, failure to submit a biennial report, failure to notify the Commonwealth as a Large Quantity Generator of Hazardous Waste, and failure to provide initial and annual hazardous waste training. Region 3 notified PADEP, which had no objections to this action. Per the terms of the Consent Agreement, Silgan will pay a civil penalty in the amount of $43,200.00.

Defendants (1)

• CLEVELAND BROTHERS EQUIPMENT CO., INC.Named in complaintNamed in settlement

Facilities (2)

• CLEVELAND BROTHERS EQUIPMENT CO., INC.

  2009 STATE ROAD, CAMP HILL, PA, 17011

  Registry ID: 110071201775

• CLEVELAND BROS EQUIP CO INC/CAMP HILL

  2001 STATE RD, CAMP HILL, PA, 17011

  Registry ID: 110001027601

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• CLEVELAND BROTHERS EQUIPMENT CO., INC.entered 2022-01-12

  Primary law: RCRA

  Federal penalty: $43,200

Timeline (4 milestones)

• 2022-01-12Complaint Filed/Proposed Order
• 2022-01-12Final Order Issued
• 2022-01-20Enforcement Action Data Entered
• 2022-03-02Enforcement Action Closed