EPA v. LEGENDS AIRCRAFT PAINTING AND INTERIORS, INC.

Case summary

1/18/06 - CONSENT AGREEMENT FILED, ASSESSING A PENALTY OF $11,000. RESPONDENT SHALL SUBMIT THE FIRST MONTHLY INSTALLMENT PAYMENT OF $463.12, WHICH INCLUDES INTEREST, WITHIN 30 CALENDAR DAYS. 23 ADDITIONAL INSTALLMENTS IN THE SAME AMOUNT SHALL BE PAID NO LATER THAN THE 30TH OF EACH SUBSEQUENT MONTH UNTIL THE BALANCE IS PAID. EPA ALLEGATIONS AND DETERMINATIONS: LEGENDS OPERATED THE FACILITY AS A TREATMENT, STORAGE, AND DISPOSAL FACILITY AND A LARGE QUANTITY GENERATOR OF HAZARDOUS WASTE DURING A MARCH 22, 2002, INSPECTION BY EPA AND SCDHEC. DURING THE MARCH 22, 2002, INSPECTION: A. LEGENDS STRIPPED AND REPAINTED AIRPLANE EXTERIORS AND REFURBISHED AIRPLANE INTERIORS. B. LEGENDS FAILED TO MAKE A HAZARDOUS WASTE DETERMINATION FOR THE STRIPPING WASTE FROM THE STRIPPING OPERATION IN THE STRIPPING HANGER AND THE SOLVENT SOAKED PAPER TOWELS IN THE FINISHING HANGER. C. LEGENDS IN IN VIOLATION OF 40 CFR 262.11 AND SCHWMR R.61-79.262.11 FOR FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION FOR ITS STRIPPING WASTE. D. LEGENDS FAILED TO COMPLY WITH MULTIPLE CONTAINER MANAGEMENT REQUIREMENTS IN THE PAINTING HANGER AND AT THE TANK TREATMENT SYSTEM. E. LEGENDS FAILED TO PROPERLY CLOSE A CONTAINER OF SPENT METHYL ETHYL KETONE IN THE PAINTING HANGER. F. LEGENDS FAILED TO PROPERLY LABEL ONE CONTAINER OF HAZARDOUS WASTE AT THE TANK TREATMENT SYSTEM WITH THE WORDS HAZARDOUS WASTE OR WITH WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINER. G. LEGENDS ACCUMULATED MORE THAN 55 GALLONS OF WASTE AT THE TANK TREATMENT SYSTEM WHILE REMOVING THE SOLIDS FROM THE DRYING BEDS. H. LEGENDS IS IN VIOLATION OF 40 CFR 262.34(c) AND SCHWMR R.61-79.262.34(c) FOR ACCUMULATING MORE THAN 55 GALLONS OF HAZARDOUS WATE AT A SATELLITE ACCUMULATION AREA; 262.34(c)(1)(ii) FOR FAILING TO PROPERLY LABEL ONE CONTAINER WITH THE WORDS HAZARDOUS WASTE; AND 265.173(a) FOR FAILURE TO CLOSE CONTAINERS OF HAZARDOUS WASTE. LEGENDS WAS INSPECTED ON OCTOBER 17, 2004, BY SCDHEC. DURING THE OCTOBER 27, 2004, INSPECTION: A. LEGENDS FAILED TO COMPLY WITH MULTIPLE CONTAINER MANAGEMENT REQUIREMENTS IN THE PAINTING HANGER AND AT THE TANK TREATMENT SYSTEM. B. LEGENDS FAILED TO DATE CONTAINERS OF HAZARDOUS WASTE IN PAINTING BUILDING AND FAILED TO CLOSE CONTAINERS OF HAZARDOUS WASTE IN THE STRIPPING BUILDING NEAR THE PRETREATMENT OPERATION. C. LEGENDS IS IN VIOLATION OF 40 CFR 262.34(a)2) AND SCHWMR R.61-79.262.34(a)(2) FOR FAILING TO DATE CONTAINERS OF HAZARDOUS WASTE AND 40 CFR 265.173(a) AND SCHWMR R.61-79.265.173(a) FOR FAILING TO CLOSE A CONTAINER OF HAZARDOUS WASTE. D. LEGENDS FAILED TO MAINTAIN A WRITTEN DESCRIPTION OF OF THE HAZARDOUS WASTE MANAGEMENT TRAINING GIVEN TO FACILITY PERSONNEL. E. LEGENDS IS IN VIOLATION OF 40 CFR 265.16(d)(3) AND SCHWMR R.61-79.265.16(d)(3) FOR FAILING TO MAINTAIN WRITTEN TRAINING DOCUMENTATION. F. LEGENDS FAILED TO INCLUDE THE TIME, DATE, AND SIGNATURE ON INSPECTION SHEETS FOR THE LESS THAN 180 DAY HAZARDOUS WASTE STORAGE AREA. THESE SHEETS DO NOT ADEQUATELY STATE WHAT IS BEING INSPECTED. G. LEGENDS IS IN VIOLATION OF 40 CFR 265.15(d) AND SCHWMR R.61-79.265.15(d). H. LEGENDS FAILED TO COMPLY WITH CONTAINER MANAGEMENT REGULATIONS WHEN TREATING WASTE ON SITE IN CONTAINERS. THESE CONTAINERS DID NOT MEET ALL REQUIREMENTS OF 40 CFR 262.34 AND SCHWMR R.61-79.262.34. I. LEGENDS IS IN VIOLATION OF RCRA SECTION 3005(a) AND SCHWMR R.61-79 PARTS 264 AND 270 FOR TREATING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. ORDER REQUIRES: WITHIN 45 CALENDAR DAYS, RESPONDENT SHALL SUBMIT A LETTER CERTIFYING IT IS IN COMPLIANCE WITH THE VIOLATIONS ALLEGED.

Defendants (1)

• LEGENDS AIRCRAFT PAINTING AND INTERIORS, INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• LEGENDS AIRCRAFT REFURBISHING

  10 FORWARD COURT, AIKEN, SC, 29805-9379

  Registry ID: 110002257940

• LEGENDS AIRCRAFT REFURBISHING

  10 FORWARD COURT, AIKEN, SC, 29805-9379

  Registry ID: 110002257940

Statutes cited

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

Enforcement conclusions (1)

• LEGENDS AIRCRAFT PAINTING AND INTERIORS, INC.entered 2006-01-18

  Primary law: RCRA

  Federal penalty: $11,000

Timeline (3 milestones)

• 2006-01-18Complaint Filed/Proposed Order
• 2006-01-18Final Order Issued
• 2006-02-09Enforcement Action Data Entered