EPA v. APPALACHIAN TIMBER SERVICES, LLC

Case summary

On June 26, 2024, Region 3 filed a Consent Agreement and Final Order, against Appalachian Timber Services, LLC (ATS) of Sutton, WV, for alleged violations of RCRA and West Virginia hazardous waste management regulations discovered during a compliance evaluation inspection. The ATS facility produces preservative-treated railroad ties, piers, and other marine-type wood items for commercial use. The violations in the settlement include: (1) operation without a hazardous waste permit or interim status; (2) failure to keep hazardous waste containers closed during storage; (3) failure to minimize the risk of release of hazardous substances to the environment; (4) failure to obtain and re-certify annually a PE Assessment for the facility?s existing Drip Pad; failure to completely fill out a hazardous waste manifest, among other violations. The facility is considered to be in an area of potential Environmental Justice (EJ) concern. Region 3 notified WVDEP, which had no objections to this action. ATS will pay a $39,681 civil penalty and perform injunctive relief to make its Drip Pad compliant with 40 C.F.R. Subpart W.

Defendants (1)

• APPALACHIAN TIMBER SERVICES, LLCNamed in complaintNamed in settlement

Facilities (1)

• APPALACHIAN TIMBER SERVICES, LLC

  393 EDGAR GIVEN PARKWAY, SUTTON, WV, 26601

  Registry ID: 110057350940

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• APPALACHIAN TIMBER SERVICES, LLCentered 2024-06-26

  Primary law: RCRA

  Federal penalty: $39,681

Timeline (3 milestones)

• 2024-06-26Complaint Filed/Proposed Order
• 2024-06-26Final Order Issued
• 2024-07-03Enforcement Action Data Entered