EPA v. BRAL HOLDINGS, LLC

Case summary

8/24/11 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $26,187, DUE WITHIN 30 DAYS. ALLEGATIONS: ON APRIL 2, 2001, ADEM ISSUED A POST-CLOSURE PERMIT TO DELTA AUTOMOTIVE, INC., A PREVIOUS OPERATOR OF THE FACILITY, TO ADDRESS AN AREA OF SOLVENT-CONTAMINATED (F001, F003, AND F005) SOIL IN THE CENTRAL PORTION OF THE FACILITY. THE SOLVENT CONTAMINATION RESULTED FROM AN AUTOMOBILE PARTS CLEANING OPERATION IN THE LATE 1970s. CLOSURE OF THIS AREA WAS COMPLETED IN JUNE 1998. ON JAN 14, 2008, BEN LAW, LLC, THE PRIOR OWNER OF THE FACILITY, TRANSFERRED THE PROPERTY TO RESPONDENT VIA A WARRANTY DEED. BETWEEN JAN 14, 2008 AND MAY 19, 2009, RESPONDENT OWNED THE FACILITY. FOLLOWING ITS ACQUISITION, AND DURING ITS PERIOD OF OWNERSHIP, RESPONDENT FAILED TO APPLY FOR A POST-CLOSURE PERMIT OR TO SUBMIT A NOTIFICATION TO ADEM REQUESTING A TRANSFER OF THE POST-CLOSURE PERMIT FOR THE FACILITY. COMPLAINANT THEREFORE ALLEGES THAT DURING THE TIME THAT RESPONDENT OWNED THE FACILITY FROM JAN 14, 2008, THRU MAY 19, 2009, RESPONDENT VIOLATED ADEM ADMIN. CODE r. 335-14-8.01(1)(c) (40 CFR 270.1(c)) FOR FAILING TO OBTAIN A POST-CLOSURE PERMIT FOR THE CLOSED HAZARDOUS WASTE MANAGEMENT UNIT AT THE FACILITY. FOLLOWING ITS ACQUISITION OF THE FACILITY, AND DURING ITS PERIOD OF OWNERSHIP, RESPONDENT FAILED TO ESTABLISH A FINANCIAL ASSURANCE MECHANISM FOR POST-CLOSURE CARE OF THE HAZ WASTE MGMT UNIT AT THE FACILITY. COMPLAINANT THEREFORE ALLEGES THAT DURING THE TIME RESPONDENT OWNED THE FACILITY, RESPONDENT VIOLATED ADME ADMIN. CODE r. 335-14-5-.08(6) (40 CFR 264.145) BY FAILING TO ESTABLISH FINANCIAL ASSURANCE FOR POST-CLOSURE CARE IN ACCORDANCE WITH AN APPROVED POST-CLOSURE PLAN.

Defendants (1)

• BRAL HOLDINGS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• DELTA AUTOMOTIVE INC.

  103 SOUTH ATLANTA AVENUE, SHEFFIELD, AL, 35660-3907

  Registry ID: 110000608708

Statutes cited

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

Enforcement conclusions (1)

• BRAL HOLDINGS, LLCentered 2011-08-24

  Primary law: RCRA

  Federal penalty: $26,187

Timeline (4 milestones)

• 2011-08-24Complaint Filed/Proposed Order
• 2011-08-24Final Order Issued
• 2011-08-31Enforcement Action Data Entered
• 2014-01-11Enforcement Action Closed