EPA v. ZEP, INC. (fka ACUITY SPECIALTY PRODUCTS)

Case summary

3/30/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $72,205. ALLEGATIONS AND DETERMINATIONS: ON JUNE 18-19, AND OCT 11, 2007, EPA CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY AND MADE THE FOLLOWING OBSERVATIONS: A. RESPONDENT HAD 2 HAZ WASTE CONTAINERS THAT WERE NOT MARKED WITH THE ACCUMULATION START DATE. B. OUTSIDE THE AEROSOL BUILDING, RESPONDENT HAD AN AVOVE-GROUND 400-GAL TANK WITH WASTEWATER FROM THE QA/QC LAB THAT EVENTUALLY WAS TO BE TRANSFERRED TO 275-GALLON TOTE CONTAINERS. RESPONDENT STATED TAHT THE OPERATOR MARKED THE TOTE CONTAINERS WITH THE DATE THE WASTE IS TRANSFERRED TO THE CONTAINER, INSTEAD OF USING THE DATE WHEN ACCUMULATION IN THE TANK STARTED. C. RESPONDENT WAS OPERATING THE TRENCH SYSTEMS IN THE AEROSOL AND SOLVENT COMPOUNDING ROOMS AS HAZ WASTE STORAGE TANKS AND NOT AS EMERGENCY CONTAINMENT UNITS. PURSUANT TO 40 CFR 262.34(a)(2), A GENERATOR MAY ACCUMULATE HAZ WASTE ON SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS, PROVIDED THE GENERATOR MARKS EACH HAZ WASTE CONTAINER WITH THE DATE ACCUMULATION OF THE WASTE BEINS. RESPONDENT FAILED TO MARK 2 HAZ WASTE TOTE CONTAINERS WITH THE ACCUMULATION START DATE. FURTHERMORE, RESPONDENT FAILED TO MARK THE QA/QC HAZ WASTE TOTE CONTAINERS WITH THE ACTUAL ACCUMULATION START DATE - IN VIOLATION OF RCRA SECTION 3005. PURSUANT TO 40 CFR 262.34(a)3), A GENERATOR MAY ACCUMULATE HAZ WASTE ON SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS, PROVIDE THE GENERATOR MARKS EACH HAZ WASTE TANK WITH THE WORDS HAZARDOUS WASTE. RESOPNDENT FAILED TO MARK THE AEROSOL AND SOLVENT COMPOUNDING ROOM TRENCHES WITH THE WORDS HAZARDOUS WASTE - IN VIOLATION OF RCRA 3005. PURSUANT TO 40 CFR 262.34(a)(1)(ii), A GENERATOR MAY ACCUMULATE HAZ WASTE IN TANKS FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS, PROVIDE THE GENERATOR COMPLIES WITH ALL APPLICABLE REQUIREMENTS IN SUBPART J OF 40 CFR PART 265. RESPONDENT FAILED TO PROVIDE SECONDARY CONTAINMENT FOR THE AEROSOL AND SOLVENT COMPOUNDING ROOM TRENCHES AS REQUIRED IN 40 CFR 265.193(a) - IN VIOLATION OF RCRA 3005. PURSUANT TO 40 CFR 262.34(a)(1)(ii), A GENERATOR MAY ACCUMULATE HAZ WASTE IN TANKS FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS, PROVIDE THE GENERATOR COMPLIES WITH ALL APPLICABLE REQUIREMENTS IN SUBPART CC OF 40 CFR PART 265. RESPONDENT FAILED TO CONTROL THE AIR EMISSIONS FROM THE AEROSOL AND SOLVENT COMPOUNDING ROOM TRENCHES, AS REQUIRED IN 40 CFR 265.1085(b) - IN VIOLATION OF RCRA 3005. IN A DOCUMENT DATED AUG 2008, RESPONDENT CERTIFIED TO EPA THAT THE TRENCH SYSTEM WAS DECONTAMINATED AND FILLED WITH CONCRETE AND TESTED FOR LEAKS. NO LEAKS WERE DETECTED.

Defendants (1)

• ZEP, INC. (fka ACUITY SPECIALTY PRODUCTS)Named in complaintNamed in settlement

Facilities (6)

• ACUITY SPECIALTY PRODUCTS GROUP, INC.

  1310 SEABOARD INDL. BLVD, ATLANTA, GA, 30318-2825

  Registry ID: 110000357694

• ACUITY SPECIALTY PRODUCTS GROUP, INC.

  1310 SEABOARD INDL. BLVD, ATLANTA, GA, 30318-2825

  Registry ID: 110000357694

• ACUITY SPECIALTY PRODUCTS GROUP, INC.

  1310 SEABOARD INDL. BLVD, ATLANTA, GA, 30318-2825

  Registry ID: 110000357694

• ACUITY SPECIALTY PRODUCTS GROUP, INC.

  1310 SEABOARD INDL. BLVD, ATLANTA, GA, 30318-2825

  Registry ID: 110000357694

• ACUITY SPECIALTY PRODUCTS GROUP, INC.

  1310 SEABOARD INDL. BLVD, ATLANTA, GA, 30318-2825

  Registry ID: 110000357694

• ACUITY SPECIALTY PRODUCTS GROUP, INC.

  1310 SEABOARD INDL. BLVD, ATLANTA, GA, 30318-2825

  Registry ID: 110000357694

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• ZEP, INC. (fka ACUITY SPECIALTY PRODUCTS)entered 2009-03-30

  Primary law: RCRA

  Federal penalty: $72,205

Timeline (4 milestones)

• 2009-03-30Complaint Filed/Proposed Order
• 2009-03-30Final Order Issued
• 2009-03-30Enforcement Action Data Entered
• 2009-05-11Enforcement Action Closed