EPA v. ALLOY SURFACES COMPANY, INC.

Case summary

On September 22, 2023 EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative action proceeding against Alloy Surfaces Company, Inc. ( Respondent ) located at 121 N. Commerce Drive, Aston, PA ( Facility ) for alleged violations of the Resource Conservation and Recovery Act ( RCRA ) and the authorized Pennsylvania Hazardous Waste Management Regulations discovered during a Compliance Evaluation Inspection conducted on May 15, 2019 and a Case Development Inspection conducted on December 3, 2019 (collectively the Inspections ) at the Facility. Respondent is a manufacturer of infrared countermeasures for the Department of Defense that are designed to protect air and naval platforms from missile threats. Respondent is a large quantity genitor of ignitable, corrosive, and reactive hazardous waste, with EPA Hazardous Waste Number(s) D001, D002, and D003. The violations in the settlement include the operation of a hazardous waste facility without a hazardous waste permit, storing hazardous wastes in open containers, failure to maintain and operate the Facility to minimize the possibility of a fire or explosion by placing D003 hazardous waste in open containers to open burn hazardous waste materials at the Facility, and failure to have an adequate Contingency Plan. Region 3 notified PADEP, which had no objections to this action. Per the terms of the Consent Agreement, Respondent will pay a civil penalty in the amount of $780,000.00.

Defendants (1)

• ALLOY SURFACES COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• ALLOY SURFACES COMPANY, INC.

  121 N. COMMERCE DR, ASTON, TOWNSHIP OF, PA, 19014

  Registry ID: 110000336155

• ALLOY SURFACES ASTON PLT

  121 NORTH COMMERCE DRIVE, CHESTER, PA, 19014-3205

  Registry ID: 110000336155

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• ALLOY SURFACES COMPANY, INC.entered 2023-09-22

  Primary law: RCRA

  Federal penalty: $780,000

Timeline (4 milestones)

• 2023-09-22Final Order Issued
• 2023-09-22Complaint Filed/Proposed Order
• 2023-09-26Enforcement Action Data Entered
• 2023-10-04Enforcement Action Closed