EPA v. MURAKAMI MANUFACTURING U.S.A., INC.

Case summary

3/18/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $17,289, DUE WITHIN 30 DAYS. ON APR 22, 2010, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINATION ON SOLID WASTE (CERTAIN PAINT WASTES) GENERATED AT ITS FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 401 KY. ADMIN. REG 32:010 SEC 2 (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON SOLID WASTE GENERATED AT ITS FACILITY. AT THE TIME OF THE CEI, RESPONDENT WAS NOT PERFORMING WEEKLY INSPECTIONS ON CONTAINERS OF HAZ WASTE WITHIN ITS 90-DAY HAZ WASTE ACCUMULATION AREA. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED KY. REV. STAT. ANN. 266.46-012, ET SEQ, (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 401 KY. ADMIN. REG. 32:030 SEC 5(1) (40 CFR 262.34(a)(1)(i)) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 401 KY. ADMIN. REG. 35:180 SECTION 5 (40 CFR 265.174). AT THE TIME OF THE CEI, RESPONDENT DID NOT HAVE THE RECORDS TO DEMONSTRATE THAT ALL EMPLOYEES INVOLVED IN THE MGMT OF HAZ WASTE HAD TAKEN PART IN AN ANNUAL REVIEW OF THEIR INITIAL CLASSROOM ON ON-THE-JOB HAZ WASTE TRAINING. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED KY. REV. STAT. ANN. 226.46-012, ET. SEQ. (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATU, BECAUSE RESPONDENT FAILED TO MEET THE 401 KY. ADMIN. REG. 32:030 SECTION 5(1)(a)(4) (40 CFR 262.34(a)(4) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 401 KY. ADMIN. REG. 35:020 SEC 7 (40 CFR 265.16(c) AND (d)). AT THE TIME OF THE CEI, RESPONDENT WAS NOT MANAGING ALL OF ITS HAZ PAINT WASTES IN CLOSED CONTAINERS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED KY. REV. STAT. ANN. 226.46-012, ET. SEQ. (RCRA 3005) FOR STORING HAZ WASTE WITHOU A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 401 KY. ADMIN. REG. 32:030 SEC 5(1)(c)(i) (40 CFR 262.34(c)(1)(i) CONDITION FOR PERMIT EXEMPTION BY NOT COMPLYING WITH 401 KY. ADMIN. REG. 35:180 SEC 4 (40 CFR 265.173(a)). AT THE TIME OF THE CEI, RESPONDENT HAD NOT LABELED ALL SATELLITE CONTAINERS ACCUMULATING UP TO 55-GALLONS OF IGNITABLE HAZ PAINT WASTES (D001) WITH THE WORDS HAZARDOUS WASTE OR WITH WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED KY. REV. STAT. ANN. 226.45-012, ET. SEQ. (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 401 KY. ADMIN. REG. 32:030 SEC 5(1) (40 CFR 262.34(c)(1)(ii)) CONDITION FOR PERMIT EXEMPTION. AT THE TIME OF THE CEI, RESPONDENT FAILED TO CONTAIN ITS UNIVERSAL WASTE LAMPS IN CLOSED CONTAINERS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 401 KY. ADMIN. REG. 43:020 SEC 4 (40 CFR 273.13(d)(1)). AT THE TIME OF THE CEI, RESPONDENT FAILED TO CONTAIN ITS UNIVERSAL WASTE LAMPS IN CONTAINERS CLEARLY MARKED WITH THE WORDS UNIVERSAL WASTE-LAMP(S) OR WASTE LAMP(S) OR USED LAMP(S). EPA THEREFORE ALLEGES RESPONDENT VIOLATED 401 KY. ADMIN. REG. 43:020 SEC 5 (40 CFR 273.14(e)). AT THE TIME OF THE CEI, RESPONDENT FAILED TO DEMONSTRATE HOW LONG ITS UNIVERSAL WASTE LAMPS HAD BEEN ACCUMULATED. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 401 KY. ADMIN. REG. 43.020 SEC 6 (40 CFR 273.15(c)).

Defendants (1)

• MURAKAMI MANUFACUTRING U.S.A. INC.Named in complaintNamed in settlement

Facilities (1)

• MURAKAMI MANUFACTURING USA INC

  575 WATERTOWER BYP, CAMPBELLSVILLE, KY, 42718

  Registry ID: 110012170532

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)

• MURAKAMI MANUFACTURING U.S.A., INC.entered 2011-03-18

  Primary law: RCRA

  Federal penalty: $17,289

Timeline (4 milestones)

• 2011-03-18Final Order Issued
• 2011-03-18Complaint Filed/Proposed Order
• 2011-03-22Enforcement Action Data Entered
• 2011-03-30Enforcement Action Closed