EPA v. CAROLINA PLATING WORKS

Case summary

9/22/04 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,500. ON MAY 13, 2004, EPA AND SCDHEC CONDUCTED A HAZARDOUS WASTE COMPLIANCE INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, EPA AND SCDHEC INSPECTORS OBSERVED A 100-GALLON HOPPER LOCATED IN PLATING AREA A, NEXT TO PROCESS LINE A-13, THAT CONTAINED HAZARDOUS WASTE FROM CLEAN-UP ACTIVITY IN THE FACILITY. THE HOPPER WAS NOT LABELED WITH THE WORDS HAZARDOUS WASTE. THE REGULATIONS FOUND AT SCR 61-79.262.34(a)(3) (40 CFR 262.34(a)(3)) REQUIRE THAT CONTAINERS HOLDING HAZARDOUS WASTE BE LABELED WITH THE WORDS HAZARDOUS WASTE. THEREFORE, AT TH TIME OF THE CEI, RESOPNDENT WAS OUT OF COMPLIANCE WITH THE REQUIREMENTS FOUND AT SCR 61-79.262.34(a)(3) (40 CFR 262.34(a)(3)). AT THE TIME OF THE CEI, EPA AND SCDHEC INSPECTORS OBSERVED A LEAK COMING FROM UNDERNEATH A 250-GALLON TOTE CONTAINING WASTE MURIATIC ACID LOCATED IN PLATING AREA B, PROCESS LINE B-11. THEY ALSO OBSERVED A GREEN LIQUID LEAKING FROM UNDER THE ZINC PHOSPHATE TANK LOCATED IN PLATING AREA C, PROCESS LINE C-6. THE REGULATIONS FOUND AT SCR 61-79.264.31 (40 CFR 264.31) 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. THEREFORE, AT THE TIME OF THE CEI, RESPONDENT WAS OUT OF COMPLIANCE WITH SCR 61-79.264.31 (40 CFR 264.31). AT THE TIME OF THE CEI, EPA AND SCDHEC INSPECTORS OBSERVED AN OPEN, UNLABELED BOX CONTAINING 4 USED FLUORESCENT LIGHT BULBS. THE UNIVERSAL WASTE REGULATIONS FOUND AT SCR 61-79.273.13(d)(1) AND SCR 61-79.273.14(e) (40 CFR 273.13(d)(1) AND 273.14(e)) REQUIRED SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE LAMPS TO LABEL THE BOXES CONTAINING THEM WITH ONE OF THE FOLLOWING PHRASES: UNIVERSAL WASTE-LAMPS, WASTE LAMPS, OR USED LAMPS, AND TO KEEP THE BOXES CLOSED TO PREVENT SPILLAGE. THEREFORE, AT THE TIME OF THE CEI, RESPONDENT WAS OUT OF COMPLIANCE WITH SCR 61-79.273.13(d)(1) AND SCR 61-79.273.14(e) (40 CFR 273.13(d)(1) AND 273.14(e). AT THE TIME OF THE CEI, EPA AND SCDHEC INSPECTORS OBSERVED THAT RESPONDENT'S CONTINGENCY PLAN NEEDED TO BE UPDATED WITH THE CORRECT PHONE NUMBERS FOR EPA'S EMERGENY RESPONSE CENTER, TEH NATIONAL RESPONSE CENTER, AND THE FACILITY'S CURRENT EMERGENCY RESPONDERS. THE REGULATIONS FOUND AT SCR 61-79.264.54 (40 CCR 264.54) REQUIRED THAT THE CONTINGENCY PLAN MUST BE REVIEWED AND IMMEDIATELY AMENDED WHEN THE LIST OF EMERGENCY COORDINATORS CHANGES. THEREFORE, AT THE TIME OF THE CEI, RESPONDENT WAS OUT OF COMPLIANCE WITH SCR 61-79.264.54 (40 CFR 264.54)

Defendants (1)

• CAROLINA PLATING WORKS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CAPSCO INC

  1101 W. BLUE RIDGE DR., GREENVILLE, SC, 29609

  Registry ID: 110000354214

Statutes cited

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

Enforcement conclusions (1)

• CAROLINA PLATING WORKSentered 2004-09-22

  Primary law: RCRA

  Federal penalty: $1,500

Timeline (4 milestones)

• 2004-09-22Complaint Filed/Proposed Order
• 2004-09-22Final Order Issued
• 2004-10-04Enforcement Action Data Entered
• 2004-10-20Enforcement Action Closed