EPA v. COMPUPOINT USA, LLC

Case summary

9/13/2012 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $36,000, PLUS INTEREST, DUE IN INSTALLMENTS. ALLEGATIONS: ON JULY 26, 2011, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. EPA OBSERVED BOXES CONTAINING BROKEN INK AND TONER CARTRIDGES, AND E-WASTE ACCUMULATED IN A DUMPSTER DESTINED FOR DISPOSAL. RESPONDENT FAILED TO MAKE A HAZ WASTE DETERMINATION ON THESE SOLID WASTES. EPA OBSERVED UNIVERSAL WASTE BATTERIES THAT HAD BEEN STORED AT THE FACILITY FOR MORE THAN ONE CALENDAR YEAR FROM THE DATE UNIVERSAL WASTE BATTERY WAS RECEIVED OR BECAME A WASTE. RESPONDENT WAS UNABLE TO DEMONSTRATE THAT THE EXTENDED STORAGE OF THE UNIVERSAL WASTE WAS SOLEY FOR THE PURPOSE OF ACCUMULATION OF QUANTITIES NECESSARY TO FACILITATE PROPER RECOVERY, TREATMENT, OR DISPOSAL. ADDITIONALLY, AT THE TIME OF THE CEI, THE UNIVERSAL WASTE BATTERIES STORED AT THE FACILITY WERE NOT LABELED WITH THE WORDS UNIVERSAL WASTE-BATTERIES OR WASTE BATTERIES OR USED BATTERIES. EPA OBSERVED DAMAGED SPENT LEAD-ACID BATTERIES IN A GAYLORD BOX. THE DAMAGED SPENT LEAD-ACID BATTERIES OBSERVED IN THIS BOX HAD VISIBLE DAMAGE WHICH COULD CAUSE LEAKAGE UNDER REASONABLY FORESEEABLE CIRCUMSTANCES. EPA REQUESTED EMPLOYEE TRAINING RECORDS FROM RESPONDENT AND INQUIRED WHETHER RESPONDENT HAD TRAINED ITS EMPLOYEES WITH PROPER WASTE HANDLING AND EMERGENCY PROCEDURES. RESPONDENT INDICATED THAT NO EMPLOYEE TRAINING HAD BEEN CONDUCTED AND, THEREFORE, THAT NO TRAINING RECORDS WERE AVAILABLE. EPA OBSERVED UNIVERSAL WASTE STORED IN QUANTITIES EXCEEDING 5,000 kg, AND RESPONDENT HAD NOT SENT GA EPA WRITTEN NOTIFICATION OF LQHUW ACTIVITIES OR RECEIVED AN EPA ID # BEFORE MEETING OR EXCEEDING THE 5,000 (11,023 POUNDS) STORAGE LIMIT. RESPONDENT SUBMITTED THE REQUIRED LQHUW NOTIFICATION ON AUG 8, 2011. EPA DETERMINED THAT THE RESPONDENT HAD MADE AT LEAST 7 INTERNATION SHIPMENTS (I.E., EXPORTS) OF USED, INTACT CRTs FOR REUSE PRIOR TO NOTIFYING THE EPA OF ITS INTENT TO EXPORT CRTs FOR REUSE ON FEB 28, 2009.

Defendants (1)

• COMPUPOINT USA, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• COMPUPOINT

  6420 WARREN DR, NORCROSS, GA, 30093

  Registry ID: 110043770238

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)

• COMPUPOINT USA, LLCentered 2012-09-13

  Primary law: RCRA

  Federal penalty: $36,000

Timeline (4 milestones)

• 2012-09-13Complaint Filed/Proposed Order
• 2012-09-13Final Order Issued
• 2012-09-19Enforcement Action Data Entered
• 2014-12-11Enforcement Action Closed