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03-2023-0039Administrative - FormalClosedFY 2023· Region 03

EPA v. ADVANCE STORES COMPANY, INC. (ADVANCE AUTO DISTRIBUTION CENTER)

Final Order With Penalty

Case summary

EPA Region III Enters Agreement with Advance Stores Company, Inc. in which the company will pay $15,000 to Settle Penalty Action for RCRA Subtitle C Violations at its Distribution Center in Kutztown, PA. [EPA Docket No. RCRA-03-2023-0039] On May 19, 2023 Region III entered into a Consent Agreement with, and issued a Final Order to, Advance Stores Company Inc settling violations of RCRA Subtitle C that EPA inspectors observed using an Off-Site Compliance Monitoring (OfCM) action at the company's distribution facility in Kutztown, PA (Facility). The settlement will ensure that, in the future, the company will properly contain and manage hazardous waste at the Facility. During the OfCM and through subsequent communications, the EPA inspectors observed that the company: failed to Qualify for a Permit Exemption or Obtain Interim Status or a Permit, failed to Maintain Training Documentation, failed to Maintain a Complete Contingency Plan, and failed to Submit a Biennial Report for 2019 by March 1, 2020. The Company has agreed to pay a penalty of $15,000 to settle the enforcement action and refined its procedures for handling waste at the facility. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed PADEP of the action on April 11, 2023 and received no objection.

Defendants (1)

  • ADVANCE STORES COMPANY, INCNamed in complaintNamed in settlement

Facilities (2)

  • ADVANCE AUTO

    9755 COMMERCE CIRCLE, KUTZTOWN, PA, 19530-8579

    Registry ID: 110022924932

  • ADVANCE AUTO DISTRIBUTION CENTER

    9755 COMMERCE CIRCLE, KUTZTOWN, PA, 19530-8579

    Registry ID: 110022924932

Statutes cited

  • RCRA 3002Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

  • ADVANCE STORES COMPANY, INC. (ADVANCE AUTO DISTRIBUTION CENTER)entered 2023-05-19

    Primary law: RCRA

    Federal penalty: $15,000

Timeline (4 milestones)

  • 2023-05-19Complaint Filed/Proposed Order
  • 2023-05-19Final Order Issued
  • 2023-06-02Enforcement Action Closed
  • 2023-06-14Enforcement Action Data Entered

Case metadata

EPA activity ID
3603624584
Case number
03-2023-0039
Lead agency
EPA
EPA region
03
Voluntary self-disclosure
No
Primary statute
Standards Applicable to Generators of Hazardous Waste

Sourced verbatim from EPA ECHO Enforcement Case Report for case 03-2023-0039 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.