EPA v. UAG DULUTH, INC. dba UNITED COLLISION

Case summary

8/16/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $59,090 DUE WITHIN 30 DAYS. ALLEGATIONS: 1. FAILURE TO FILE A NEW NOTIFICATION OF HAZARDOUS WASTE ACTIVITY AND TO RECEIVE A SITE SPECIFIC EPA ID NUMBER AFTER IT LEFT THE ATLANTA TOYOTA FACILITY LOCATION AND TO COMPLETE A SUBSEQUENT NOTIFICATION FORM UPDATING THE FACILITY INFO THAT HAD CHANGED. 2. STORING USED OIL IN CONTAINERS THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS, USED OIL. 3. OFFERING HAZARDOUS WASTE FOR TRANSPORT WITHOUT PREPARING AND COMPLETING A HAZ WASTE MANIFESTING FORM. 4. AFTER NOT HAVING RECEIVED A COPY OF ONE MANIFEST WITH THE HANDWRITTEN SIGNATURE OF THE OWNER OR OPERATOR OF THE DESIGNATED FACILITY WITHIN 60 DAYS OF THE DATE THE WASTE WAS ACCEPTED BY THE INITIAL TRANSPORTER, RESPONDENT FAILED TO SUBMIT A LEGIBLE COPY OF THE MANIFEST WITH SOME INDICATION THAT RESPONDENT HAD NOT RECEIVED CONFIRMATION OF DELIVERY TO THE DIRECTOR OF GA EPD. 5. FAILURE TO KEEP A COPY OF EACH MANIFEST SIGNED FOR THREE YEARS, OR UNTIL HE RECEIVES A SIGNED COPY FROM THE DESIGNATED FACILITY WHICH RECEIVED THE WASTE. 6. RESPONDENT ADMITTED THAT WEEKLY INSPECTIONS OF ITS HAZ WASTE CONTAINERS HAD NOT BEEN CONDUCTED WITH RESPONDENT WAS AN SQG. 7. RESPONDENT HAD NOT ATTEMPTED TO MAKE THE FOLLOWING ARRANGEMENTS, AS APPROPRIATE FOR THE TYPE OF WASTE HANDLED AT HIS FACILITY AND THE POTENTIAL NEED FOR SERVICES: (A) ARRANGEMENTS TO FAMILIARIZE POLICE DEPT AND EMERGENCY RESPONSE TEAMS WITH THE LAYOUT OF THE FACILITY, PROPERTIES OF HAZ WASTE HANDLED AT THE FACILITY AND ASSOCIATED HAZARDS, PLACES WHERE FACILITY PERSONNEL WOULD NORMALLY BE WORKING, ENTRANCES TO ROADS INSIDE THE FACILITY AND POSSIBLE EVACUATION ROUTES; (B) AGREEMENTS WITH STATE EMERGENCY RESPONSE TEAMS, EMERGENCY RESPONSE CONTRACTORS AND EQUIPMENT SUPPLIERS; AND (C) ARRANGEMENTS TO FAMILIARIZE LOCAL HOSPITALS WITH THE PROPERTIES OF HAZ WASTE HANDLED AT THE FACILITY AND TYE TYPES OF INJURIES OR ILLNESSES WHICH COULD RESULT FROM FIRES, EXPLOSIONS OR RELEASES AT THE FACILITY. 8. RESPONDENT HAD NOT POSTED NEXT TO THE TELEPHONE THE NAME AND TELEPHONE NUMBER OF THE EMERGENCY COORDINATOR; THE LOCATION OF FIRE EXTINGUISHERS, SPILL CONTROL MATERIAL, OR FIRE ALARM; OR THE TELEPHONE NUMBER OF THE FIRE DEPT.

Defendants (1)

• UAG DULUTH dba UNITED COLLISIONNamed in complaintNamed in settlement

Facilities (1)

• UNITED COLLISION CENTER

  3150 STEVE REYNOLDS BLVD., SUI, DULUTH, GA, 30096

  Registry ID: 110043432425

Statutes cited

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

Enforcement conclusions (1)

• UAG DULUTH dba UNITED COLLISIONentered 2012-08-16

  Primary law: RCRA

  Federal penalty: $59,090

Timeline (4 milestones)

• 2012-08-16Final Order Issued
• 2012-08-16Complaint Filed/Proposed Order
• 2012-08-20Enforcement Action Closed
• 2012-09-06Enforcement Action Data Entered