EPA v. YKK (USA) INC.

Case summary

7/22/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $240,000 DUE WITHIN 30 DAYS. EPA ALLEGES: RESPONDENT STORED HAZ WASTE FOR OVER 90 DAYS WITHOUT OBTAINING A PERMIT OR INTERIM STATUS. RESPONDENT FAILED TO MARK A ROLL-OFF RILTER PRESS SLUDGE CONTAINER (F006) IN THE 90-DAY STORAGE AREA OF SLIDER PLANT II WITH THE ACCUMULATION START DATE AND THE WORDS HAZARDOUS WASTE. RESPONDENT FAILED TO MEET THE EXEMPTIONS IN 40 CFR 262.34 FOR STORING HAZ WASTE 90 DAYS OR LESS WITHOUT OBTAINING A PERMIT OR INTERIM STATUS. AT THE TIME OF THE CEI, EPA REVIEWED RESPONDENT'S WEEKLY HAZ WASTE STORAGE LOG AND DETERMINED THAT RESPONDENT FAILED TO PERFORM WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREAS AT ITS OCMULGEE PARK AND CHESTNEY FACILITIES. SPECIFICALLY, EPA'S RECORD REVIEW INDICATED THAT RESPONDENT DID NOT HAVE LOG INSPECTIONS ON THE FOLLOWING 4 OCCASIONS BETWEEN JAN 2006 AND AUG 2008; JAN 4, 2006; JUNE 29, 2006; OCT 12, 2007, AND MAY 9, 2008. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND GHWMA 12-8-66, FOR FAILING TO MEET THE REQUISITE EXEMPTIONS IN 40 CFR 262.34(d)(2) AND 265.174 FOR STORING HAZ WASTE 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS. EPA ALLEGES THAT AT THE TIME OF THE CEI, RESPONDENT HAD CONTAINERS OF USED OIL AT THE SLIDER PLANT I LOCATED AT ITS OCMULGEE PARK FACILITY AND FAILED TO MARK THE 55-GAL CONTAINER WITH THE WORDS USED OIL. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 279.22(c)(1) AND CHAPT 391-3-11-.17 OF THE GHWMR. EPA ALLEGES AT THE TIME OF THE CEI, RESPONDENT HAD ARRANGED TO TRANSPORT 2 SHIPMENTS OF UNIVERSAL WASTE INCLUDING 3,330 FLUORESCENT LAMPS FROM ITS CHESTNEY PARK FACILITY TO ENVIRONMENTAL QUALITY INDUSTRIAL SERVICES, INC. (EQIS) IN ATLANTA, GA. EQIS WAS A PERMITTED SOLID WASTE HANDLING FACILITY AND A UNIVERSAL WASTE TRANSFER FACILITY, BUT WAS NOT A DESIGNATED UNIVERSAL WASTE HANDLER OR A DESTINATION FACILITY. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 40 CFR 273.30 AND 273.38(a) AND CHAPTER 391.3.11-.18 OF THE GHWMR. EPA ALLEGES THAT RESPONDENT FAILED TO PREPARE MANIFESTS FOR AT LEAST 3 SHIPMENTS OF HAZ WASTES AND THEREFORE VIOLATED 40 CFR 262.23 AND 262.40 AND GHWMA 12-8-67. EPA ALLEGES THAT RESPONDENT FAILED TO SUBMIT EXCEPTION REPORTS FOR THE 3 SHIPMENTS OF HAZ WASTE AND THEREFORE VIOLATED 40 CFR 262.42(a)(1) AND (a)(2) AND CHPATER 391-3-11-.08 OF THE GHWMR. EPA ALLEGES THAT AT THE TIME OF THE CEI, RESPONDENT FAILED TO REDILY LOCATE AND PRODUCE A COPY OF EACH MANIFEST, BIENNIAL REPORT, LAND DISPOSAL RESTRICTION CERTIFICATION, TRAINING RECORD, CONTINGENCY PLAN, AND HAZ WASTE STORAGE AREA INSPECTION REPORT AT ITS OCMULGEE PARK AND CHESTNEY SITE FACILITY. DURING THE CEI, EPA REQUESTED THAT RESPONDENT PRODUCE THE ABOVE-REFERENCED RECORDS FOR REVIEW. RESPONDENT AT EPA'S REQUEST LATER SUBMITTED COPIES OF THE REQUESTED DOCUMENTS BY AN AGREED UPON DATE. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 40 CFR 262.40, 262.41, 262.42, 268.7(a), 265.16 AND 265.53 AND CHAPTER 391-3-11-.08, .16 AND .10 OF THE GHWMR.

Defendants (1)

• YKK (USA), INC.Named in complaintNamed in settlement

Facilities (2)

• YKK USA INC - CHESTNEY FACILITY

  3340 CHESTNEY RD, MACON, GA, 31217

  Registry ID: 110043089065

• YKK USA CHESTNEY

  4234 OCMULGEE EAST BOULEVARD, MACON, GA, 31217-5618

  Registry ID: 110000360243

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)

• YKK (USA) INC.entered 2009-07-22

  Primary law: RCRA

  Federal penalty: $240,000

Timeline (4 milestones)

• 2009-07-22Final Order Issued
• 2009-07-22Complaint Filed/Proposed Order
• 2009-08-25Enforcement Action Data Entered
• 2019-03-12Enforcement Action Closed