EPA v. ELRINGKLINGER USA, INC.

Case summary

3/6/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $15,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON AUG 11, 2011, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. THE FINDINGS OF THE CEI WERE DOCUMENTED IN A RCRA INSPECTION REPORT, DATED OCT 13, 2011. ON NOV 16, 2011, THE EPA ISSUED A NOV/OPPORTUNITY TO SHOW CAUSE LETTER TO RESPONDENT IDENTIFYING ALLEGED VIOLATIONS OF RCRA THAT THE EPA NOTED DURING THE CEI. AT THE TIME OF THE AUG 11, 2011, CEI, RESPONDENT WAS STORING HAZ WASTE IN ITS PAINT MIXING ROOM IN CONTAINERS THAT WERE OPEN WHEN WASTE WAS NOT BEING ADDED OR REMOVED. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION IN GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.34(c)(1)(i)) BY NOT COMPLYING WITH GA COMP R AND REGS 391-3-11-.10(1) (40 CFR 265.173(a)). AT THE TIME OF THE AUG 11, 2011, CEI, RESPONDENT HAD NOT BEEN PERFORMING WEEKLY INSPECTIONS OF THE CONTAINERS OF HAZ WASTE IN ITS 90 DAY ACCUMULATION AREA IN ACCORDANCE WITH GA COMP R & REGS 391-3-11-.10(1) (40 CFR 265.174). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a)) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS 391-3011-.08(1) (40 CFR 262.34(a)(1)(i), BY NOT COMPLYING WITH GA COMP R & REGS 391-3-11-.10(1) (40 CFR 265.174). AT THE TIME OF THE AUG 11, 2011, CEI, RESPONDENT HAD NOT DESIGNATED A PRIMARY HAZ WASTE COORDINATOR IN ITS CONTINGENCY PLAN. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS 391-3-11-.08(1) (40 CFR 262.34(a)(4), BY NOT COMPLYING WITH GA COMP R & REGS 391-3-11-.10(1) (40 CFR 265.52(d). AT THE TIME OF THE AUG 11, 2011 CEI, RESPONDENT HAD NOT LISTED THE JOB TITLES, JOB DESCRIPTIONS, AND HAZ WASTE TRAINING REQUIRED OF THOSE EMPLOYEES INVOLVED IN THE MGMT OF HAZ WASTE. IN ADDITION, EMPLOYEES AT THE FACILITY INVOLVED IN THE MANAGEMENT OF HAZ WASTE HAD NOT BEEN TRAINED IN THE MANAGEMENT OF HAZ WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS 391-3-11-,08(1) (40 CFR 262.34(a)(4) BY NOT COMPLYING WITH GA COMP R & REGS 391-3-11-.10(1) (40 CFR 265.16).

Defendants (1)

• ELRINGKLINGER USA, INC.Named in complaintNamed in settlement

Facilities (1)

• ELRINGKLINGER USA INC.

  4961 GOLDEN PARKWAY, BUFORD, GA, 30518

  Registry ID: 110058069290

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)

• ELRINGKLINGER USA, INC.entered 2012-03-06

  Primary law: RCRA

  Federal penalty: $15,500

Timeline (4 milestones)

• 2012-03-06Complaint Filed/Proposed Order
• 2012-03-06Final Order Issued
• 2012-03-08Enforcement Action Data Entered
• 2012-03-15Enforcement Action Closed