EPA v. Commonwealth Aluminum Lewisport, LLC

Case summary

'8/9/02 - CAFO issued (no complaint filed). A RCRA Compliance Evaluation Inspection (CEI) was conducted at Commonwealth Aluminum on December 20, 2000, by representatives of EPA and the KY Dept. for Environmental Protection. (1) Respondent uses Satellite Accumulation areas for hazardous waste storage. Respondent is allowed an exemption from the hazardous waste permitting requirements of RCRA Section 3005 in 40 CFR Section 270.10 provided that Respondent labels drums of hazardous waste in compliance with 401 KAR 32:030, Section 5 and 40 CFR, Section 262.34(c)(1). At the time of the CEI, Respondent failed to comply with this regulation in 3 different areas of the facility. (2) Respondent is allowed an exemption from the hazardous waste permitting requirements of RCRA Section 3005 in 40 CFR Section 270.10 provided that Respondent keep containers of hazardous waste closed during Satellite Accumulation pursuant to 401 KAR 32:030, Section 5, 401 KAR 35:180, 40 CFR Sections 262.34(c)(1) and 265.173(a). At the time of the CEI, Respondent failed to comply with this regulation in a Satellite Accumulation area. (3) Respondent is allowed an exemption from the hazardous waste permitting requirements of RCRA Section 3005 in 40 CFR Section 270.10 provided that Respondent keeps containers of hazardous waste closed during storage pursuant to KAR 32:030, Section 5; 401 KAR 35:180, Section 4, 40 CFR Sections 262.34(a)(1) and 265.173(a). At the time of the CEI, Respondent failed to comply with this regulation in 4 hazardous waste storage areas of the facility. (5) Respondent is allowed an exemption from the hazardous waste permitting requirements of RCRA Section 3005 in 40 CFR 270.10 provided that Respondent labels containers of hazardous waste with the words hazardous waste and with an accumulation start date while being stored pursuant to 401 KAR 32:030, Section 5 and 40 CFR 262.34(a)(3). At the time of the CEI, Respondent failed to comply with this regulation in a hazardous waste storage area. (5) Respondent is allowed an exemption from the hazardous waste permitting requirements of RCRA Section 3005 in 40 CFR 270.10 provided that Respondent complies with 401 KAR 32:030, Section 5 and 40 CFR 262.34(a)(4) which require compliance with 401 KAR 35:030, Section 2 and 40 CFR 265.31. Those regulations require that a facility be maintained to minimize the potential of fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous constituents to the air, soil, or surface water. At the time of the CEI, Respondent failed to comply with this regulation in the Used Oil Storage Area, the North Casting 90-Day Accumulation Area, and in the Holl Roll Grind Shop. Order calls for compliance actions and a penalty of $7,260 to be paid within 30 day

Defendants (1)

• Commonwealth Aluminum Lewisport, LLCNamed in complaintNamed in settlement

Facilities (4)

• COMMONWEALTH ALUMINUM LEWISPORT, LLC

  1372 HIGHWAY 1957, P.O. BOX 480, LEWISPORT, KY, 423510480

  Registry ID: 110058164187

• COMMONWEALTH ALUMINUM LEWISPORT, LLC

  1372 HIGHWAY 1957, P.O. BOX 480, LEWISPORT, KY, 423510480

  Registry ID: 110058164187

• COMMONWEALTH ALUMINUM LEWISPORT, LLC

  1372 HIGHWAY 1957, P.O. BOX 480, LEWISPORT, KY, 423510480

  Registry ID: 110058164187

• COMMONWEALTH ALUMINUM LEWISPORT, LLC

  1372 HIGHWAY 1957, P.O. BOX 480, LEWISPORT, KY, 423510480

  Registry ID: 110058164187

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Commonwealth Aluminum Lewisport, LLCentered 2002-08-09

  Primary law: RCRA

  Federal penalty: $7,260

Timeline (3 milestones)

• 2002-08-09Complaint Filed/Proposed Order
• 2002-08-09Final Order Issued
• 2002-10-08Enforcement Action Data Entered