EPA v. BWAY CORPORATION

Case summary

3/30/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $202,083. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO MAKE A HAZARDOUS WASTE DETERMINATION ON PAINT WASTES GENERAGED AT ITS FACILITY. EPA ALSO ALLEGES THAT RESPONDENT FAILED TO LABEL CONTAINERS ACCUMULATING HAZARDOUS WASTES, FOR UP TO 90 DAYS, WITH AN ACCUMULATION START DATE AND THE WORDS HAZARDOUS WASTE. RESPONDENT FAILED TO KEEP ALL CONTAINERS MANAGING HAZARDOUS WASTE CLOSED WHEN HAZARDOUS WASTE IS NOT BEING ADDED OR REMOVED FROM THE CONTAINERS. AT THE TIME OF THE CEI, RESPONDENT HAD NOT LABELED ALL CONTAINERS MANAGING UP TO 55 GALLONS OF HAZARDOUS PAINT WASTES WITH THE WORDS HAZARDOUS WASTE OR WITH WORDS WHICH IDENTIFY THE CONTENTS OF THE CONTAINER.

Defendants (1)

• BWAY CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BWAY PACKAGING

  1601 VALDOSTA HIGHWAY, HOMERVILLE, GA, 31634

  Registry ID: 110007484356

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)

• BWAY CORPORATIONentered 2009-03-30

  Primary law: RCRA

  Federal penalty: $202,083

Timeline (4 milestones)

• 2009-03-30Complaint Filed/Proposed Order
• 2009-03-30Final Order Issued
• 2009-03-31Enforcement Action Data Entered
• 2009-04-28Enforcement Action Closed