EPA v. ACT HOLDINGS, LLC

Case summary

9/4/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. A) RESPONDENT HAD NOT MADE A WASTE DETERMINATION ON CERTAIN UNKOWN CHEMICAL WASTES FOUND IN LABORATORY #2 OF THE FACILITY. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 CFR SECTION 262.11. B)RESPONDENT DID NOT MANAGE HAZARDOUS WASTE AT OR NEAR THE POINT OF GENERATION IN LABORATORY #3, AS LABORATORY SCIENTISTS WERE TRANSFERRING HAZARDOUS WASTES FROM ONE SATELLITE ACCUMULATION AREA TO ANOTHER SATELLITE ACCUMULATION AREA THAT WAS NOT AT THE POINT OF GENERATION. THEREFORE, RESPONDENT FAILED TO COMPT WITH THE REQUIREMENTS OF 40 CFR SECTION 262.34(c)(1). C)RESPONDENT DID NOT ENSURE THAT HAZARDOUS WASTE ACCUMULATED IN LABORATORY #2 WAS UNDER THE CONTROL OF THE OPERATOR OF THE PROCESS GENERATING THE WASTE, AS LABORATORY #2 WAS NO LONGER IN USE AND LABORATORY PERSONAL WERE NOT WORKING IN THIS LABORATORY. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS 40 CFR SECTION 262.34(c)(1). D)RESPONDENT DID NOT ENSURE THAT CONTAINERS OF HAZARDOUS WASTE WERE CLOSED, AS ONE CONTAINER OF HAZARDOUS WASTE LOCAED IN THE QUALITY CONTROL LABORATORY AND ONE CONTAINER LOCATED IN THE PEPTIDE LABORATORY. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS IN 40 CFR SECTION SECTION 262.34(c)(1)(i) 40 CFR SECTION 261.173(a). RESPONDENT DID NOT HAVE THE HANDWRITTEN SIGNATURE OF THE OWNER OR OPERATOR OF THE DESIGNATED FACILITY FOR MANIFEST #0006534533. RESPONDENT DID NOT CONTACT THE TRANSPORTER AND/OR THE OWNER OR OPEATOR OF THE DESIGNATED FACILITY TO DETERMINE THE STATUS OF THE HAZARDOUS WASTE MANIFESTED ON MANIFEST #000653433 AND DID NOT SUBMIT AN EXCEPTION REPORT TO THE REGIONAL ADMINISTRATOR. THEREFORE RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 CFR SECTION 262.42 (a)(1)& (2). RESPONDENT FAILED TO CLEAN UP SPPILL RESIDUE FROM A LEAKING 55-GALLON CONTAINER LABELED NON-HALOGENATED HAZARDOUS WASTE, LOCATED IN LABORATORY #3. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 CFR SECTION 265.31. RESPONDENT DID NOT HAVE A COMPLETE CONTINGENCY PLAN, AS THE PLAN DID NOT INCLUDE THE LOCATION AND A PHYSICAL DESCRIPTION OF EACH ITEM (EMERGENCY EQUIPMENT) ON THE THE LIST, AND FAILED TO INCLUDE A BRIEF CAPABILITY OUTLINE FOR EACH ITEM. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 SECTION 262.52(e). RESPONDENT DID NOT ENSURE THAT HAZARDOUS WASTE WAS BEING STORED IN CONTAINERS THAT WERE IN GOOD CONDITION, AS RESPONDENT DID NOT TRANSFER HAZARDOUS WASTE FROM THE LEAKING CONTAINER LABELED NON-HALOGENATED HAZARDOUS WASTE, LOCATED IN LABORATORY #3, TO A CONTAINER IN GOOD CONTAINER. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 CFR SECTION 265.171. RESPONDENT DID NOT STORE UNIVERSAL WASTE LAMPS APPROPRIATELY, AS APPROXIMATELY FIFTEEN, 12' FLUORESCENT LAMPS AND APPROXIMATELY TEN, 4' FLUORESCENT LAMPS, LOCATED OUTSIDE OF THE 90-DAY STORAGE AREA, WERE NOT IN STRUCTURALLY SOUND CONTAINERS OR PACKAGES. THEREFORE, RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 CFR SECTION 273.13(d)(1).

Defendants (1)

• ACT HOLDINGS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• ADVANCED CHEMTECH

  5609 FERN VALLEY RD, LOUISVILLE, KY, 40228

  Registry ID: 110041978866

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• ACT HOLDINGS, LLCentered 2008-09-04

  Primary law: RCRA

  Federal penalty: $23,000 · SEP: $5,130

Timeline (4 milestones)

• 2008-09-04Final Order Issued
• 2008-09-04Complaint Filed/Proposed Order
• 2008-09-10Enforcement Action Data Entered
• 2008-09-26Enforcement Action Closed