EPA v. McHenry Brass, Inc.

Case summary

CAFO issued 9/23/2004, assessing a penalty of $4,400. Respondent failed to conduct a hazardous waste determination on the solid waste in a dump trailer located on the south side of the property. Respondent was accumulating one 55-gallon drum of hazardous waste bag house dust (D006, D008), which was not mared or labeled as hazardous waste. Respondent disposed the contents of the dump trailer at the Ohio County Balefill, a lined subtitle D landfill located in Beaver Dam, Kentucky on May 20, 2004, without completing a hazardous waste manifest. Respondent did not notify LWD, Inc. for one shipment of hazardous waste bag house (manifest number 00010 dated March 20, 2001. Respondent disposed the contents of the dump trailer at the Ohio County Balefill, a lined subtitle D landfill located in Beaver Dam, Kentucky on May 20, 2004 without first determing if the hazardous waste met the treatment standards in 401 KAR 37:030, Sections (1)(2)(3) and (8) [40 C.F.R Sections 268.40, 268.45 or 268.49

Defendants (1)

• MCHENRY BRASS, INC.Named in complaintNamed in settlement

Facilities (1)

• MCHENRY BRASS INC

  89 N. JANE ST., MC HENRY, KY, 42354

  Registry ID: 110000380962

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• McHenry Brass, Inc.entered 2004-09-23

  Primary law: RCRA

  Federal penalty: $4,400

Timeline (4 milestones)

• 2004-09-23Complaint Filed/Proposed Order
• 2004-09-23Final Order Issued
• 2004-09-24Enforcement Action Data Entered
• 2004-10-20Enforcement Action Closed