EPA v. SOUTHERN INDUSTRIAL CHEMICALS, INC. (SIC TECHNOLOGIES)

Case summary

2/15/2012 - ADMINISTRATIVE ORDER ISSUED. ORDER REQUIRES: RESPONDENT MUST NOTIFY EPA IN WRITING OF ITS INTENT TO COMPLY WITH THIS ORDER, WITHER IN ITS ENTIRETY OR PORTIONS THEREOF, NO LATER THAN 3 BUSINESS DAYS AFTER THE EFFECTIVE DATE OF THIS ORDER. FAILURE TO PROVIDE SUCH NOTICE SHALL BE DEEMED A FAILURE TO COMPLY. RESPONDENT MUST IMMEDIATELY CLEAN UP ANY SPILLS OF MATERIALS AND/OR WASTES AT THE FACLITY AND REPACKAGE ALL MATERIALS AND/OR WASTES THAT ARE CURRENTLY IN COMPROMISED CONTAINERS (E.G., LEAKING, DAMAGED, OR CORRODING). WITHIN 10 BUSINESS DAYS, RESPONDENT SHALL SUBMIT TO EPA FOR REVIEW AND APPROVAL A DISPOSAL WORK PLAN. THIS DISPOSAL WORK PLAN SHALL INCLUDE THE FOLLOWING COMPONENTS: A. PREPARATION OF A WASTE ANALYSIS PLAN, PREPARED IN ACCORDANCE WITH 40 CFR 265.13; B. THE PERFORMANCE OF A HAZARDOUS WASTE DETERMINATION PURSUANT TO 40 CFRR 262.11 ON ALL MATERIALS CURRENTLY STORED AT THE FACILITY; C. THE SEGREGATION OF ALL KNOWN AND SUSPECTED INCOMPATIABLE WASTES AND MATERIALS; D. THE CREATION OF AN INVENTORY OF ALL DRUMS/CONTAINES CURRENTLY BEING STORED AT THE FACILITY, INCLUDING INFO REGARDING THE HAZARDOUS NATURE OF THE MATERIALS, THE TYPE OF MATERIALS BEING STORED, THE VOLUME OF HAZARDOUS OR NONHAZARDOUS WASTES IN THE CONTAINER; AND THE HAZARDOUS WASTE CODE (IF ANY) APPLICABLE TO THE MATERIALS IN THE CONTAINER. E. THE PROPER LABELING OF ALL DRUMS/CONTAINERS CURRENTLY STORED AT THE FACILITY PURSUANT TO 40 CFFR 262.34(a); F. THE OFF-SITE DISPOSAL OF ALL HAZARDOUS AND NON-HAZARDOUS WASTES CURRENTLY BEING STORED AT THE FACILITY TO A FACILITY WHICH IS PERMITTED TO RECEIVE SUCH WASTES; AND G. A SCHEDULE FOR IMPLEMENTING SUCH WORK. WITHIN 20 DAYS, RESPONDENT SHALL SUBMIT FOR EPA REVIEW AND APPROVAL A USABLE PRODUCT DISPOSITION PLAN FOR ALL MATERIALS CURRENTLY BEING STORED AT THE FACILITY THAT IT HAS DETERMINED TO BE USABLE PRODUCTS. AT A MINIMUM, THIS PLAN SHALL INCLUDE AN INVENTORY OF SUCH MATERIALS, INCLUDING INFO REGARDING THE HAZARDOUS CONSTITUENTS CONTAINED IN SUCH MATERIALS, THE INTENDED USE OF SUCH MATERIALS, THE INTENDED PURCHASER/RECEIVER OF SUCH MATERIALS, AND A SCHEDULE FOR THE USE AND/OR SHIPMENT OFF-SITE OF SUCH MATERIALS. WITHIN 20 DAYS, RESPONDENT SHALL SUBMIT A COMMUNITY ENGAGEMENT PLAN (CEP) TO EPA. THE CEP WILL BE USED TO INFORM AND UPDATE THE COMMUNITY/PUBLIC REGARDING ACTIVITIES REQUIRED UNDER THIS ORDER AND THE CONTEMPLATED IDSPOSITION OF THE MATERIAL IDENTIFIED HEREIN. PURSUANT TO THE CEP, RESPONDENT SHALL NOTIFY AND SUBMIT A COPY OF THIS ORDER TO THE LOCAL EMERGENCY RESPONSE AUTHORITIES (E.G., FIRE DEPT, HOSPITAL). WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE EPA WITH DOCUMENTATION REGARDING THE OFF-SITE SHIPMENT OF ANY MATERIALS OR WASTES FROM THE FACILITY SINCE THE GAEPD INSPECTION ON NOV 30, 2011, INCLUDING, BUT NOT LIMITED TO MANIFESTS, WASTE DETERMINATIONS, AND WASTE ANALYSES FROM SUCH SHIPMENTS. RESPONDENT SHALL SUBMIT A WRITTEN PROGRESS REPORT TO EPA CONCERNING ACTIONS UNDERTAKEN PURSUANT TO THIS ORDER ON A BIWEEKLY BASIS (EVERY TWO WEEKS) BEGINNING TWO WEEKS AFTER THE EFFECTIVE DATE OF THIS ORDER UNTIL TERMINATIONB OF THE WORK REQUIRED. THESE REPORTS SHALL DESCRIBED ALL SIGNIFICANT DEVELOPMENTS DURING THE PRECEDING PERIOD, INCLUDING THE ACTIONS PERFORMED AND ANY PROBLEMS ENCOUNTERED, ANALYTICAL DATA RECEIVED DURING THE REPORTING PERIOD, AND THE DEVELOPMENTS ANTICIPATED DURING THE NEXT REPORTING PERIOD, INCLUDING A SCHEDULE OF ACTIONS TO BE PERFORMED, ANTICIPATED PROBLEMS, AND PLANNED RESOLUTIONS OF PAST OR ANTICIPATED PROBLEMS.

Defendants (1)

• SOUTHERN INDUSTRIAL CHEMICALS (SB)Named in settlement

Facilities (1)

• SOUTHERN INDUSTRIAL CHEMICALS INC

  1450 MARIETTA BOULEVARD NORTHWEST, ATLANTA, GA, 30318

  Registry ID: 110000859848

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• SOUTHERN INDUSTRIAL CHEMICALS, INC. (SIC TECHNOLOGIES)entered 2012-02-15

  Primary law: RCRA

Timeline (2 milestones)

• 2012-02-15Final Order Issued
• 2012-02-22Enforcement Action Data Entered