EPA v. UAG DULUTH, INC. dba ATLANTA TOYOTA

Case summary

8/16/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $30,710, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT OPEATES AN AUTOMOBILE SALES DEALERSHIP AND MAINTENANCE FACILITY. OPERATIONS PERFORMED AT THE FACILITY INCLUDE GENERAL MAINTENANCE AND ROUTINE REPAIR OF AUTOMOBILES. RESPONDENT'S MOST RECENT HAZARDOUS WASTE GENERATOR NOTIFICATION TO GEORGIA, DATED APR 9, 2011, CHARACTERIZED THE FACILITY AS A CESQG. THIS NOTIFICATION INDICATED THAT THE FACILITY GENERATED WASTES CHARACTERISTIC FOR IGNITABILITY (D001), TOXICITY FOR BENZENE (D018), AS WELL AS HAZARDOUS WASTES FROM NONSPECIFIC SOURCES (F003 AND F005). RESPONDENT, AS A RESULT OF ITS OPERATIONS AT THE FACILITY, IS A GENERATOR OF HAZARDOUS WASTE. ON MARCH 7, 2011, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. THE FINDINGS OF THE CEI WERE DOCUMENTED IN A RCRA INSPECTION REPORT, DATED APR 27, 2011. AT THE TIME OF THE CEI, RESPONDENT WAS STORING USED OIL IN BOTH ITS UPPER AND LOWER SHOP AREAS IN CONTAINERS, SOME OF WHICH WERE NOT LABELED WITH THE WORDS USED OIL. EPA ALLEGES THAT RESPONDENT VIOLATED GA COMP R. & REGS 391-3-11-.17 (40 CFR 279.22(c)(1)) BY STORING USED OIL IN CONTAINERS THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS USED OIL. AT THE TIME OF THE CEI, INSPECTORS OBSERVED AN AEROSOL CAN, WHICH WAS NOT AT ZERO PRESSURE, DISPOSED OF IN THE TRASH DISTINED FOR THE MUNICIPAL LANDFILL. RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THIS SOLID WASTE THAT WAS GENERATED AT ITS FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED GA COMP R. & REGS 391-1-11-.08(1) (40 CFR 262.11) BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION ON SOLID WASTE GENERATED AT ITS FACILITY. AT THE TIME OF THE MARCH 7, 2011, CEI, RESPONDENT'S PRACTICE FOR MANAGING USED UNDEPLOYED AIR BAGS, WHICH EXHIBIT THE CHARACTERISTIC IF REACTIVITY, WAS TO DEPLOY THE AIR BAGS IN THE DUMPSTER AREA OF THE FACILITY BEFORE DISPOSING OF THEM IN THE TRASH DESTINED FOR THE MUNICIPAL LANDFILL. EPA ALLEGES THAT THIS PRACTIC OF DEPLOYMENT MEETS THE DEFINITION OF TREATMENT UNDER GA CODE ANN 12-8-62(23) (SEC 1004 OF RCRA), BECAUSE IT CHANGES THE PHYSICAL CHARACTER OF THE WASTE SO AS TO RENDER IT NONHAZARDOUS, SAFE FOR TRANSPORT, AND AMENABLE FOR STORAGE. RESPODNENT DID NOT HAVE A PERMIT OR INTERIM STATUS PURSUANT TO GA CODE ANN 12-8-66 (RCRA 3005). EPA ALLEGES RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) BY TREATING HAZARDOUS WASTE WITHOUT HAVING OBTAINED A PERMIT OR INTERIM STATUS.

Defendants (2)

• UAG DULUTH, INC.Named in complaintNamed in settlement
• ATLANTA TOYOTANamed in complaintNamed in settlement

Facilities (1)

• ATLANTA TOYOTA INC

  2345 PLEASANT HILL RD, DULUTH, GA, 30096-4341

  Registry ID: 110006394874

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• UAG DULUTH, INC. dba ATLANTA TOYOTAentered 2012-08-16

  Primary law: RCRA

  Federal penalty: $30,710

Timeline (4 milestones)

• 2012-08-16Final Order Issued
• 2012-08-16Complaint Filed/Proposed Order
• 2012-08-23Enforcement Action Data Entered
• 2019-03-12Enforcement Action Closed