EPA v. AEROSPACE/DEFENSE COATINGS OF GEORGIA, INC.

Case summary

6/21/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $24,630. THE FIRST PAYMENT OF $12,315 IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE BY 7/2012. At the time of the CEI. EPA observed that Respondent had not made a hazardous waste dctermination on certain solid paint wastes or wastewaters generated at the facility. Accordingly, Complainant alleges that Respondent violated 40 C.F.R. � 262.11 and GHWMR Section 391~3-11-.08 by failing to make a hazardous waste determination on paint wastes and on waste waters generated by Respondent at the facility. During the CEI. EPA observed that Respondent's fifty-five (55) gallon satellite containers of paint waste accumulating in Buildings 2 and 3, as well as containers of FOO6 listed hazardous waste sludge. generated by Respondent's treatment of wastewater from its electroplating operation. accumulating just outside of Building 3, had not been labeled with the words Hazardous Waste or such other words that would identify the contents of the containers. Accordingly, Complainant alleges that Respondent failed to meet an exemption to Section 3005 of RCRA found.t 40 C.F.R. � 262.34(c)(1)(ii) and GHWMR Section 391-311~.OS by its failure to label such satellite containers accumulating hazardous wastes at the facility with the words Hazardous Waste or with such other words that would identify the contents of the containers. Complainant. therefore alleges that Respondent was illegally storing hazardous waste without a permit or interim status in violation of Section 3005(a) of RCRA. 42 U.S.C. � 6925. and Section 12-8-66 of GHWMA, O.C.G.A. � 12-8-66. During the CEI, EPA observed that Respondent was not properly managing its containers of hazardous paint wastes at the facility by failing 10 keep said containers closed except when necessary to add or remove waste. Accordingly, Complainant alleges that Respondent failed to comply with the requirement, of 40 C.F.R. � 265.173(.) and GHWMR Section 391-3-11-.08 and therefore failed to meet an exemption to Section 3005 of RCRA found at 40 C.F.R. � 262.34(c)(I)(i) and GHWMR Section 391-3-l1-10, respectively, by Respondent's failure to keep containers managing hazardous waste at the facility closed except when hazardous waste was being added or removed. Complainant therefore alleges tbat Respondent was illegally storing hazardous waste without a permit or interim status: in violation of Section 3005{a) of RCRA. 42 U.S.C. � 6925, and Section 12-8-66 of GHWMA, O.C.G.A. � 12-8-66. During the CEI, EPA observed that Respondent had not managed all of its FOO6 listed hazardous wastes at the facility in such a mamter as to minimize the possibility of any unplanned sudden or non-sudden releases of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. Accordingly, Complainant alleges that Respondent failed to comply with the requirements of 40 C.F.R. � 265.31 and GHWMR Section 391-3-11-10 and therefore failed to meet an exemption to Section 3005 of RCRA found at 40 C.F.R. � 262.34(a)(4) and GHWMR Section 391-3-ll-08, respectively, by Respondent's failure to minimize the possibility of any unplanned or non-sudden releases of hazardous waste or hazardous waste constituents to air, soil or surface water that could threaten human health or the environment. Complainant therefore alleges thal Respondent was illegally storing hazardous waste without a permit or interim status in violation of Section 3005(a) ofRCRA. 42 U.S.C, � 6925, and Section 12-8-66 of GHWMA, O.C.G.A. � 12-8-66.

Defendants (1)

• AEROSPACE/DEFENSE COATINGS OF GEORGIA, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• AEROSPACE DEFENSE COATINGS OF GEORGIA

  2970 GRACE ROAD, MACON, GA, 31206

  Registry ID: 110016749633

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AEROSPACE/DEFENSE COATINGS OF GEORGIA, INC.entered 2011-06-21

  Primary law: RCRA

  Federal penalty: $24,630

Timeline (4 milestones)

• 2011-06-21Final Order Issued
• 2011-06-21Complaint Filed/Proposed Order
• 2011-06-28Enforcement Action Data Entered
• 2012-07-26Enforcement Action Closed