EPA v. CALSONICKANSEI NORTH AMERICA, INC.

Case summary

9/30/05 - NOTICE OF DETERMINATION ISSUED. IN ITS DISCLOSURE DATED OCTOBER 23, 2003, CKNA DISCLOSED THAT ITS FACILITY LOCATED AT 305 STANDLY BLVD IN SHELVYVILLE, TN, MAY HAVE HAD THE FOLLOWING VIOLATIONS: SECTION 3002 OF RCRA IN THAT THE COMPANY FAILED TO MAKE PROPER HAZARDOUS WASTE DETERMINATION AS REQUIRED BY 40 CFR 262.11; FAILED TO PROPERLY LABEL, DATED AND MANAGE HAZARDOUS WASTE CONTAINERS, AS REQUIRED BY 40 CFR 262.34; FAILED TO PERFORM INSPECTIONS AS REQUIRED BY 40 CFR 262.34; FAILED TO PROPERLY COMPL.ETE ITS 2002 HAZARDOUS WASTE REPORT AS REQUIRED BY 40 CFR 262.41; FAILED TO HAVE ALL NECESSARY ELEMENTS IN ITS CONTINGENCY PLAN AS REQUIRED BY 40 CFR 262.34; AND FAILED TO COMPLY WITH CERTAIN EXCEPTION REPORTING REQUIREMENTS OF 40 CFR 262.42. SECTION 312 OF EPCRA IN THAT THE COMPLAINT FAILED TO SUBMIT CORRECT AND COMPLETE TIER II FORMS TO THE APPROPRIATE AGENCIES. SECTION 110 OF THE CAA IN THAT THE COMPANY FAILED TO KEEP RECORDS REQUIRED TO BE MAINTAINED BY ITS AIR OPERATING PERMIT AND FAILED TO OBTAIN A CONSTRUCTION PERMIT FOR A PAINT BOOTH, A VIOLATION OF TENNESSEE AIR POLLUTION CONTROL REGULATIONS 1200-3-9.01(1)(a) AND 1200-3-9-.02(2). SECTION 311 OF THE CWA IN THAT THE COMPANY FAILED TO HAVE A SPILL PREVENTION, CONTAINMENT, AND CONTINGENCY PLAN AS REQUIRED BY 40 CFR PART 112. SECTION 301 OF THE CWA IN THAT THE COMPANY FAILED TO UPDATE ITS STORM WATER PLAN, INVENTORY EXPOSED MATERIALS AND DOCUMENTS THAT QUARTERLY AND ANNUAL INSPECTIONS ARE BEING COMPLETED, ALL REQUIREMENTS SET OUT IN 40 CFR 122.26 AND THE TENNESSEE GENERAL STORM WATER PERMIT. SECTION 307 OF THE CWA IN THAT THE COMPANY FAILED TO PERFORM AND REPORT CERTAIN WASTEWATER ANALYSES REQUIRED BY ITS PERMIT FOR A DISCHARGE TO A POTW. IN ADDITION TO THE POSSIBLE VIOLATIONS DISCLOSED FOR THE 305 STANLEY BLVD FACILITY, CKNA DISCLOSED THAT ITS FACILITY AT ONE CALSONIC WAY IS SHELBYVILLE, TN, MAY HAVE HAD THE FOLLOWING VIOLATIONS: SECTINO 3002 OF RCRA IN THAT THE COMPANY FAILED TO MAKE A PROPER HAZARDOUS WASTE DETERMINATION AS REQUIRED BY 40 CFR 262.11, AND FAILED TO PROPERLY LABEL, DATE, AND MANAGE HAZARDOUS WASTE CONTAINERS, AS REQUIRED BY 40 CFR 262.34; FAILED TO LABEL USED OIL DRUMS WITH USED OIL AS REQUIRED BY 40 CFR 279.22, AND FAILED TO PROPERLY ACCUMULATE AND LABEL FLOURESCENT BULBS AS UNIVERSAL WASTE AS REQUIRED BY 40 CFR PART 273. SECTION 312 OF EPCRA IN THAT THE COMPANY FAILED TO INCLUDE LEAD FROM BATTERIES ON ITS TIER II FORMS FOR CALENDAR YEAR 2002

Defendants (1)

• CALSONICKANSEI NORTH AMERICA, INC.Named in settlement

Facilities (1)

• CALSONICKANSEI ELECTRONICS

  1877 VOLUNTEER PARKWAY, MANCHESTER, TN, 37355

  Registry ID: 110015587694

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 301 — NPDES Discharge without a Permit
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CALSONICKANSEI NORTH AMERICA, INC.entered 2005-09-30

  Primary law: CAA

Timeline (3 milestones)

• 2005-09-30Enforcement Action Closed
• 2005-09-30Final Order Issued
• 2005-10-03Enforcement Action Data Entered