EPA v. DENTAL EQUIPMENT LLC dba PELTON & CRANE

Case summary

IN AN APRIL 1, 2010, LETTER TO EPA, PELTON & CRANE DISCLOSED VIOLATIONS OF EPCRA 312 AND 313. SPECIFICALLY, PELTON & CRANE DISCLOSED THAT IT HAD FAILED TO FILE TIER II AND FORM R REPORTING FOR REPORTING YEARS 2005-2009. IN ADDITION, PELTON & CRANE DISCLOSED THAT IT VIOLATED REQUIREMENTS PERTAINING TO THE MANAGEMENT OF HAZARDOUS WASTE UNDER CHAPTER 130A, ARTICLE 9 OF NC'S GENERAL STATUTES (N.C. GEN STAT 130A-290 ET SEQ (SUBTITLE C OF RCRA). FINALLY, PELTON & CRANE DISCLOSED A POTENTIAL VIOLATION OF CAA TITLE V. SUBSEQUENTLY PELTON & CRANE CONCLUDED THAT IT HAD NOT VIOLATED CAA TITLE V OR EPCRA 313, AND WITHDREW THE PORTIONS OF ITS APRIL 1, 2010 DISCLOSURE THAT PERTAINED TO THOSE REQUIREMENTS. PURSUANT TO THE AUDIT POLICY, AND BASED ON INFORMATION PROVIDED BY PELTON & CRANE, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALY ENFORCEABLE VIOLATIONS IDENTIFIED ABOVE: - PELTON & CRANE VIOLATED EPCRA 312 BY FAILING TO SUBMIT TIER II REPORTS FOR THE 2005-2009 REPORTING YEARS. - PELTON & CRANE VIOLATED RCRA REQUIREMENTS PERTAINING TO THE MANAGEMENT OF HAZ WASTE SET FORTH AT N.C. GEN STAT 130A-290, ET SEQ. (RCRA 3005) BY ILLEGALLY DISPOSING OF HAZ WASTE AT A FACILITY THAT WAS NOT PERMITTED TO RECEIVE HAX WASTE; - PELTON & CRANE VIOLATED RCRA REQUIREMENTS PERTAINING TO THE MGMT OF HAZ WASTE SET FORTH AT N.C. ADMIN CODE TITLE 15A r. 13A.0107(a) (40 CFR 262.12(c)) BY OFFERING HAZ WASTE TO A DISPOSAL FACILITY THAT HAS NOT RECEIVED AN EPA ID NUMBER; AND - PELTON & CRANE VIOLATED RCRA REQUIREMENTS PERTAINING TO THE MGMT OF HAZ WASTE SET FORTH AT N.C. ADMIN. CODE TITLE 15A r. 13A.0112(c) (40 CFR 268.40(a)) BY FAILING TO ENSURE THAT HAZ WASTE MET THE APPROPRIATE TREATMENT STANDARD PRIOR TO SHIPPING IT TO A DISPOSAL FACILITY. HOWEVER, PELTON & CRANE'S SELF-DISCLOSURE MEETS THE NIN CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES BY EPA. UNDER THE AUDIT POLICY, EPA RETAINS AUTHORITY TO RECOVER ANY ECONOMIC BENEFIT GAINED AS A RESULT OF NON-COMPLIANCE TO PRESERVE A LEVEL PLAYING FIELD IN WHICH VIOLATORS DO NOT GAIN A COMPETITIVE ADVANTAGE OVER RETULATED ENTITIES THAT DO NOT COMPLY. EPA CONCLUDES THAT THE ECONOMIC BENEFIT OBTAINED BY PELTON & CRANE FROM THE EPCRA VIOLATIONS WAS INSIGNIFICANT. HOWEVER PEA CONCLUDES THAT THE ECONOMIC BENEFIT OBTAINED FROM THE RCRA VIOLATIONS WAS SIGNIFICANT AND THAT COLLECTION IS WARRANTED. 8/18/11 - NOTICE OF DETERMINATION ISSUED FOR THE EPCRA VIOLATIONS. 8/30/11 - CONSENT AGMT ISSUED FOR THE RCRA VIOLATIONS, ASSESSING A PENALTY OF $28,326, DUE WITHIN 30 DAYS.

Defendants (1)

• DENTAL EEQUIPMENT, LLC dba PELTON & CRANENamed in complaintNamed in settlement

Facilities (1)

• PELTON & CRANE LLC

  11727 FRUEHAUF DRIVE, CHARLOTTE, NC, 28273

  Registry ID: 110009857672

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (2)

• DENTAL EQUIPMENT LLC dba PELTON & CRANEentered 2011-08-30

  Primary law: RCRA

  Federal penalty: $28,326

• DENTAL EQUIPMENT LLC dba PELTON & CRANEentered 2011-08-30

  Primary law: RCRA

Timeline (4 milestones)

• 2011-08-30Final Order Issued
• 2011-08-30Complaint Filed/Proposed Order
• 2011-09-01Enforcement Action Data Entered
• 2011-09-14Enforcement Action Closed