EPA v. APOLLO TECHNOLOGIES, INC.

Case summary

9/27/12 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $80,000, PLUS INTEREST, DUE IN INSTALLMENT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND THE FINAL PAYMENT IS DUE WITHIN 300 CALENDAR DAYS. ALLEGATIONS: ON DEC 13, 2010, THE EPA AND THE GAEPD CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY TO DETERMINE THE FACILTY'S COMPLIANCE STATUS WITH RCRA (DEC 2010 CEI). ON JULY 26, 2011, THE EPA CONDUCTED A FOLLOW-UP CEI AT THE FACILITY (JULY 2011 CEI). RESPONDENT OPERATES A TANK THAT CONTAINED HAZ WASTE AND IS PART OF A TANK SYSTEM . AT THE TIME OF BOTH THE DEC 2010 CEI AND THE JULY 2011 CEI, RESPONDENT HAD NOT PROPERLY DETERMINED THE TOTAL ORGANIC CONTENT OF ITS HAZ WASTE CONTAINED IN THE HAZ WASTE STORAGE TANK OUTSIDE THE FACILITY'S PRODUCTION BUILDING. IN AUG 2012, RESPONDENT DETERMINED THAT THE TOTAL ORGANIC CONCENTRATION IN ITS HAZ WASTE STREAM IS GREATER THAN 10 PERCENT. AT THE TIME OF BOTH THE DEC 2010 CEI AND THE JULY 2011 CEI, RESPONDENT HAD NOT MARKED EACH PIECE OF EQUIPMENT IN SUCH A MANNER THAT THEY CAN BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT, NOR KEPT SUFFICIENTLY DETAILED RECORDS ABOUT EACH PIECE OF EQUIPMENT. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1) (40 CFR 265.1050(c) AND .1064). AT THE TIME OF BOTH THE DEC 2010 CEI AND THE JULY 2011 CEI, RESPONDENT HA DNOT DETERMINED THE MAXIMUM ORGANIC VAPOR PRESSURE OF THE HAZ WASTE CONTAINED IN THE HAZ WASTE STORAGE TANK OUTSIDE THE FACILITY'S PRODUCTION BUILDING, NOR HAD RESPONDENT CONDUCTED APPROPRIATE INSPECTIONS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1). AT THE TIME OF THE DEC 2010 CEI, RESPONDENT DID NOT HAVE A SUFFICIENTLY DETAILED INSPECTION PROGRAM, INCLUDING RECORDKEEPING, TO ENSURE ADEQUATE INSPECTIONS AND RECORDKEEPING WERE OCCURRING. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1). AT THE TIME OF THE JULY 2011 CEI, RESPONDENT FAILED TO PROVIDE SECONDARY CONTAINMENT FOR SOME SECTIONS OF ITS HAZ WASTE PIPELINE THAT HAVE THREADED FLANGES, VALVES, FITTINGS, AND CONNECTORS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1) (40 CFR 265.193(f)). AT THE TIME OF THE DEC 2010 CEI, RESPONDENT DID NOT HAVE THE APPROPRIATE TRAINING AND JOB DESCRIPTION RECORDS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11-.10(1) (40 CFR 265.16(d)). AT THE TIME OF THE JULY 2011 CEI, RESPONDENT FAILED TO PROVIDE ANNUAL RCRA REFRESHER TRAINING TO ONE EMPLOYEE. EPA THEREFORE ALLEGES THE RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1) (40 CFR 265.16(c)). AT THE TIME OF THE JULY 2011 CEI, RESPONDENT WAS USING A 30-GALLON CONTAINER TO COLLECT ALL HAZ WASTES GENERATED AT THE FACILITY FOR PUMPING TO THE HAZ WASTE STORAGE TANK. THE EPA INSPECTOR OBSERVED THAT THE CONTAINER HAD AN OPEN BUNGHOLE AT TIME WHEN NO WASTE WAS BEING ADDED TO OR REMOVED FROM THE CONTAINER. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1). (40 CFR 265.173(a)). AS A RESULT OF RESPONDENT'S VIOLATIONS IDENTIFIED ABOVE, RESPONDENT FAILED TO MEET THE CONDITIONS OF THE LQG PERMIT EXEMPTION. EPA ALLEGES THAT RESPONDENT STORED HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, AND UNLESS THESE VIOLATIONS ARE CORRECTED, MUST OBTAIN A PERMIT, PURSUANT TO GA CODE ANN 12-8-66 (RCRA 3005(a)).

Defendants (1)

• APOLLO TECHNOLOGIES, INC.Named in complaintNamed in settlement

Facilities (1)

• APOLLO INDUSTRIES INC

  1850 S. COBB INDUSTRIAL BLVD., SMYRNA, GA, 30082-4910

  Registry ID: 110070431560

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)

• APOLLO TECHNOLOGIES, INC.entered 2012-09-27

  Primary law: RCRA

  Federal penalty: $80,000

Timeline (4 milestones)

• 2012-09-27Complaint Filed/Proposed Order
• 2012-09-27Final Order Issued
• 2012-09-29Enforcement Action Data Entered
• 2013-06-28Enforcement Action Closed