EPA v. VI-JON, INC.

Case summary

3/23/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $41,500, DUE WITHING 30 DAYS. ALLEGATIONS: ON MAY 15, 2009, EPA AND TDEC PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI, RESPONDENT FAILED TO PROVIDE DOCUMENTATION TO SHOW THAT WEEKLY INSPECTIONS WERE CONDUCTED OF THE HAZ WASTE STORAGE AREAS PRIOR TO THE 2009 CALENDAR YEAR. COMPLAINANT THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(i) AND TENN. COMP. R. & REGS. 1200-01-11-.05(9)(e), CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH SUBPART I OF 40 CFR PART 265 AND TENN. COMP. R. & REGS 1200-01-11-.05(9). AT THE TIME OF THE MAY 15, 2009, CEI, RESPONDENT HAD PLACED 2 TRASH CANS OF SOLID WASTE DESTINED FOR DISPOSAL AT A NEARBY SANITARY LANDFILL. THE TRASH CANS CONTAINED APPROX 12 QUARTS OF ISOPROPYL ALCOHOL WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND TENN. COMP. R. AND REGS 1200-01-11-.03(1)(b) FOR FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION FOR THE ISOPROPYL ALCOHOL WASTE. AT THE TIME OF THE MAY 15, 2009, CEI, RESPONDENT DID NOT MAINTAIN A COMPLETE CONTINGENCY PLAN AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN. CODE. ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENN. COMP. R. & REGS. 1200-01-11-03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.51(c) AND TENN. COMP. R. & REGS. 1200-01-11-.05(4). AT THE TIME OF THE MAY 15, 2009, CEI RESPONDENT HAD NOT PROVIDED ADEQUATE HAZ WASTE TRAINING TO THE EMPLOYEES. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN. CODE ANN. 68-212-105(4), FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENN. COMP. R. & REGS. 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.16 AND TENN. COMP. R. & REGS. 1200-01-11-.05(2)(g). DURING MAY 2008 THRU AUG 2008, RESPONDENT HAD FAILED TO OBTAIN AND EPA IDENTIFICATION NUMBER PRIOR TO OFFERING GENERATED HAZ WASTE FOR TRANSPORATION. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.12 AND TENN. COMP. R. & REGS. 1200-01-11-.03(1)(c)1. AT THE TIME OF THE MAY 15, 2009, CEI RESPONDENT DID NOT HAVE A CURRENT COPY OF A HAZ WASTE REDUCTION PLAN. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED TENN. CODE ANN. 68-212-304(a).

Defendants (1)

• VI-JON, INC.Named in complaintNamed in settlement

Facilities (1)

• VI - JON, INC.

  800 MIDDLE TENNESSEE BLVD., MURFREESBORO, TN, 37129

  Registry ID: 110043853407

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)

• VI-JON, INC.entered 2011-03-24

  Primary law: RCRA

  Federal penalty: $41,500

Timeline (4 milestones)

• 2011-03-24Final Order Issued
• 2011-03-24Complaint Filed/Proposed Order
• 2011-03-28Enforcement Action Data Entered
• 2011-04-18Enforcement Action Closed