EPA v. PYROTECHNIC SPECIALTIES, INC. (PSI)

Case summary

On September 30, 2014, the EPA filed a Complaint in the U.S. District Court for the Middle District of Georgia against Pyrotechnic Specialties, Inc. (PSI) for violations of the Georgia Hazardous Waste Management Act (GHWMA), O.C.G.A Sections 12-8-60 through 12-8-83 [Section 3005 of the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. Section 6925], and the implementing regulations set forth in the Georgia Hazardous Waste Management Rules (GHWMR) at Chapter 391-3-11, Ga. Comp. R. & Regs. 391-3-11 [Title 40 of the Code of Federal Regulations (C.F.R.), Parts 260 279]. PSI is the owner and operator of a Facility that manufactures specialty munitions, pyrotechnic, and explosive products. The violations in this civil action stem from a compliance evaluation inspection that the EPA conducted on April 27 through 28, and May 14, of 2009, and a follow-up inspection conducted on April 7 and 8, 2011. The Complaint alleges that PSI: 1) failed to make a hazardous waste determination on solid wastes generated at its facility; 2) stored hazardous wastes in excess of allowable accumulation time limits; 3) failed to properly label and date containers of hazardous waste; 4) failed to manage hazardous waste in containers that were in good condition; 5) failed to maintain adequate aisle space in storage areas; 6) failed to conduct weekly inspections of storage areas; 7) failed to conduct RCRA employee training; 8) failed to have fire control, spill control, and decontamination equipment; 9) failed to properly maintain and operate its facility; 10) stored land disposal restricted hazardous waste in excess of one year; 11) failed to label containers storing used oil; 12) failed to contain universal waste lamps; and 13) failed to properly label and date universal waste lamps. Following the 2011 inspection, PSI returned to compliance. Simultaneously with the Complaint, the EPA filed a Joint Stipulation of Settlement resolving the alleged violations. Under the Joint Stipulation of Settlement, PSI has agreed to pay a civil penalty of $50,000, plus an additional $100,000, if PSI prevails in a pending law suit involving the United States Department of Treasury for the Department of Defense that is anticipated to be resolved in the next six months. This civil penalty is based on PSI's demonstrated inability to pay a higher penalty.

Defendants (1)

• PYROTECHNICS SPECIALTIES, INCNamed in complaintNamed in settlement

Facilities (1)

• PYROTECHNIC SPECIALTIES INC

  1661 JUNIPER CRK RD, BYRON, GA, 31008-5015

  Registry ID: 110000700046

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• PYROTECHNIC SPECIALTIES, INC. (PSI) (04-2015-C005)entered 2015-01-30

  Primary law: RCRA

  Federal penalty: $50,000

Timeline (6 milestones)

• 2010-04-05Referred To Dept Of Justice
• 2010-04-29Enforcement Action Data Entered
• 2014-09-30Complaint Filed With Court
• 2014-09-30Final Order Lodged
• 2015-01-30Enforcement Action Closed
• 2015-01-30Final Order Entered