EPA v. CON-WAY FREIGHT, INC.

Case summary

9/4/08 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $11,744, DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 11, 2008, A REP FROM EPA PERFORM A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. DURING THE CEI, THE EPA REP NOTED THE FOLLOWING: A. RESPONDENT DID NOT HAVE A PERMIT OR INTERIM STATUS AUTHORIZING THE STORAGE OF HAZ WASTE AT THE FACILITY. B. RESPONDENT HAD GENERATED GREATED THAN 100 BUT LESS THAN 1000 KILOGRAMS OF HAZ WASTE IN A MONTH. C. RESPONDENT FAILED TO ENTERED ITS EPA ID NUMBER ON HAZ WASTE MANIFESTS. D. RESPONDENT FAILED TO DEMONSTRATE THAT EMPLOYEES WERE FAMILIAR WITH PROPER WASTE HANDLING AND EMERGENCY PROCEDURES, RELEVANT TO THEIR RESPONSIBILITIES. E. RESPONDENT FAILED TO DEVELOP AND MAINTAIN A BASIC CONTINENCY PLAN FOR THE FACILITY. F. RESPONDENT FAILED TO PLACE UNIVERSAL WASTE LAMPS IN CONTAINERS OR PACKAGES THAT WERE STRUCTURALLY SOUNDS, ADEQUATE TO PREVENT BREAKAGE, AND COMPATIBLE WITH CONTENTS OF THE LAMPS. G. RESPONDENT FAILED TO DEMONSTRATE THE LENGTH OF TIME THAT UNIVERSAL WASTE HAD BEEN ACCUMUATED. EPA THEREFORE ALLEGES THE FOLLOWING: A. RESPONDENT VIOLATED 40 CFR 262.30 BY NOT ENTERING ITS EPA ID ON HAZ WASTE MANIFESTS FOR HAZ WASTE GENERATED AT THE FACILITY. B. RESPONDENT VIOLATED 40 CFR 262.34(b)(5)iii) BY NOT PROPERLY TRAINING ITS EMPLOYEES THAT HANDLE HAZ WASTE. C. RESPONDENT VIOLATED 40 CFR 262.34(d)(5) BY NOT DEVELOPING AND MAINTAINING A BASIC CONTINGENCY PLAN FOR THE FACILITY. D. RESPONDENT VIOLATED 40 CFR 273.13 BY NOT PLACING WASTE LAMPS IN CONTAINERS OR PACKAGES THAT ARE STRUCTURALLY SOUND. E. RESPONDENT VIOLATED 40 CFR 273.15 BY FAILING TO DEMONSTRATE THE LENGTH OF TIME THE WASTE LAMPS HAD BEEN ACCUMULATED.

Defendants (1)

• CON-WAY FREIGHT, INC.Named in complaintNamed in settlement

Facilities (1)

• CONWAY SOUTHERN EXPRESS -CSE

  2800 FOREST PARK ROAD, ATLANTA, GA, 30316

  Registry ID: 110005691947

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• CON-WAY FREIGHT, INC.entered 2008-09-04

  Primary law: RCRA

  Federal penalty: $11,744

Timeline (4 milestones)

• 2008-09-04Final Order Issued
• 2008-09-04Complaint Filed/Proposed Order
• 2008-09-12Enforcement Action Data Entered
• 2008-09-18Enforcement Action Closed