EPA v. MERCK SHARP & DOHME CORP. (MERCK SHARP & DOHME CORP. - ELKTON FACILITY)

Case summary

On June 28, 2023, EPA Region III filed an Expedited Settlement Agreement and Final Order, simultaneously commencing and concluding an administrative action proceeding against Merck Sharp & Dohme Corp. ( Merc ) located at 2778 South East Side Highway, Elkton, VA ( Facility ) for alleged violations of the Resource Conservation and Recovery Act ( RCRA ) and the authorized Commonwealth of Virginia Hazardous Waste Management Program discovered during EPA's compliance evaluation inspection of the Facility on September 27 - 29, 2022. 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. Merck is a pharmaceutical manufacturing facility for vaccines and biologics. Hazardous waste is generated through its pharmaceutical manufacturing processes. The violations in the settlement include operation without a hazardous waste permit, failure to make a waste determination at the point of generation, failure to conduct/document daily inspections of a hazardous waste tank, failure to submit the 2019 biennial report before March 1, 2020, and a failure to have an adequate contingency plan. Region 3 notified VADEQ, which had no objections to this action. Per the terms of the Expediated Settlement Agreement, Merck will pay a civil penalty in the amount of $6,250.00.

Defendants (1)

• MERCK SHARP & DOHME CORP.Named in complaintNamed in settlement

Facilities (4)

• MERCK SHARP & DOHME CORP

  2778 SOUTH EASTSIDE HIGHWAY, ELKTON, VA, 22827-3628

  Registry ID: 110000341381

• MERCK SHARP & DOHME CORP - ELKTON FACILITY

  2778 SOUTH EASTSIDE HIGHWAY, ELKTON, VA, 22827

  Registry ID: 110000341381

• MERCK SHARP & DOHME CORP

  2778 SOUTH EASTSIDE HIGHWAY, ELKTON, VA, 22827-3628

  Registry ID: 110000341381

• MERCK SHARP & DOHME CORP - ELKTON FACILITY

  2778 SOUTH EASTSIDE HIGHWAY, ELKTON, VA, 22827

  Registry ID: 110000341381

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• MERCK SHARP & DOHME CORP. (MERCK SHARP & DOHME CORP. - ELKTON FACILITY)entered 2023-06-28

  Primary law: RCRA

  Federal penalty: $6,250

Timeline (4 milestones)

• 2023-06-28Complaint Filed/Proposed Order
• 2023-06-28Final Order Issued
• 2023-06-29Enforcement Action Data Entered
• 2023-07-06Enforcement Action Closed