EPA v. CHROMALLOY AMERICAN LLC / CHROMALLOY GEORGIA - LAGRANGE

Case summary

8/16/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $20,600, DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 1, 2012, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, RESPONDENT WAS STORING HAZ WASTE IN ITS 90-DAY HAZ WASTE ACCUMULATION AREA WITH AISLE SPACE THAT WAS INADEQUATE TO ALLOW UNOBSTRUCTED MOVEMENT OF PERSONNEL IN AND ABOUT THE AREA. EPA ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a)), FOR STORING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS r. 391-3-11-.08(1) (40 CFR 262.34(a)(4)) BY NOT PROVIDING ADEQUATE AISLE SPACE AS REQUIRED BY GA COMP R & REGS r 391-3-11-.10(1) (40 CFR 265.35). AT THE TIME OF THE CEI, RESPONDENT WAS STORING HAZ WASTE IN ITS 90-DAY HAZ WASTE ACCUMULATION AREA W/OUT MARKING ALL CONTAINERS WITH ACCUMULATION START DATES OR LABELING THEM WITH THE WORDS HAZARDOUS WASTE. EPA ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a)), FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION BY NOT PROVIDING ALL OF ITS HAZ WASTE CONTAINERS WITH THE NECESSARY MARKINGS AS REQUIRED BY GA COMP R & REGS r 391-3-11-.08(1) (40 CFR 262.34(a)(2) AND (3). AT THE TIME OF THE CEI, RESPONDENT HAD NOT BEEN PERFORMING WEEKLY INSPECTIONS FOR 4 WEEKS ON THE CONTAINERS OF HAZ WASTE STORED IN ITS 90-DAY HAZ WASTE ACCUMULATION AREA. EPA ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS r 391-3-10.08(1) (40 CFR 262.34(a)(1)(i)) BY NOT PERFORMING THE NECESSARY WEEKLY INSPECTIONS REQUIRED BY GA COMP R & REGS r 391-3-11-.10(1) (40 CFR 265.174). AS THE TIME OF THE CEI, RESPONDENT WAS ACCUMULATING HAZ WASTE OUTSIDE OF A CONTAINER OR TANK IN THE AREA OF ITS WASTEWATER TREATMENT SYSTEM. EPA ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a)) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA CODE R & REGS r 391-3-11-.08(1) (40 CFR 262.34(a)(1)) BY NOT MANAGING ITS HAZ WASTE IN A CONTAINER OR A TANK. AT THE TIME OF THE CEI, RESPONDENT WAS ACCUMULATING HAZ WASTE FOR GREATER THAN 90 DAYS WITHIN ITS 90-DAY HAZ WASTE ACCUMULATION AREA. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a)) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS r 391-3-11.09(1) (40 CFR 262.34(a)) BY ACCUMULATING HAZ WASTE FOR MORE THAN 90 DAYS. AT THE TIME OF THE CEI, THE RESPONDENT WAS MANAGING UNIVERSAL WASTE-LAMP(S) IN CONTAINERS NOT MARKED OR LABELED WITH THE WORD UNIVERSAL WASTE-LAMPS OR WASTE LAMPS OR USED LAMPS AND NOT MARKED OR LABELED THE EARLIEST DATE THAT ANY UNIVERSAL WASTE IN THE CONTAINERS BECAME A WASTE OR WAS RECEIVED. EPA ALLEGES THAT RESPONDENT VIOLATED GA COMP R AND REGS r 391-3-11-.18 (40 CFR 273.14(e) AND 273.15(c)(1) BY NOT PROVIDING ITS UNIVERSAL WASTE LAMP CONTAINERS WITH THE NECESSARY MARKINGS.

Defendants (2)

• CHROMALLOY AMERICAN LLCNamed in complaintNamed in settlement
• CHROMALLOY GEORGIA - LAGRANGENamed in complaintNamed in settlement

Facilities (1)

• CHROMALLOY GEORGIA

  1664 LUKKEN INDUSTRIAL DRIVE WEST, LAGRANGE, GA, 30240-5704

  Registry ID: 110000888237

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)

• CHROMALLOY AMERICAN LLC / CHROMALLOY GEORGIA - LAGRANGEentered 2012-08-16

  Primary law: RCRA

  Federal penalty: $20,600

Timeline (4 milestones)

• 2012-08-16Complaint Filed/Proposed Order
• 2012-08-16Final Order Issued
• 2012-08-23Enforcement Action Data Entered
• 2012-09-11Enforcement Action Closed