EPA v. E-RECYCLE INTERNATIONAL, INC.

Case summary

5/8/2013 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $3,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JAN 26, 2012, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, EPA OBSERVED: - SEVERAL UNIVERSAL WASTE BATTERIES STORED AT THE FACILITY. AT THE TIME OF THE EI, THE UNIVERSAL WASTE BATTERIES STORED AT THE FACILITY WERE NOT LABELED WITH THE WORDS UNIVERSAL WASTE-BATTERY(IES OR WASTE BATTERY(IES OR USED BATTERY(IES). EPA ALLEGES THAT RESPONDENT VIOLATED GA COMP R AND REGS 391-3-11-.18 (40 CFR 273.14(a)) BY FAILING TO LABEL THE UNIVERSAL WASTE BATTERIES. - EPA OBSERVED SEVERAL UNIVERSAL WASTE BATTERIES STORED AT THE FACILITY THAT WERE UNDATED. AT THE TIME OF THE CEI, THE RESPONDENT WAS UNABLE TO DEMONSTRATE THE LENGTH OF TIME THAT THE UNIVERSALE WASTE BATTERIES HAD BEEN ACCUMULATED ROM TEH DATE THEY BECAME A WASTE OR WERE RECEIVED AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R AND REGS 391-3-11.18 (40 CFR 273.15(c)) BY FAILING TO DATE OR TO OTHERWISE DEMONSTRATE THE LENGTH OF TIME THAT THE UNIVERSAL WASTE BATTERIES HAD BEEN ACCUMULATED. EPA DETERMINED THAT RESPONDENT HAD MADE AT LEAST ONE INTERNATIONAL SHIPMENT (I.E. EXPORT) OF USED, INTACT CRTs FOR REUSE TO CANADA AND HAD NOT NOTIFIED EPA OF ITS INTENT TO EXPORT CRTs FOR REUSE. FURTHERMORE, THE RESPONDENT HAD UTILIZED THE SERVICES OF BROKERS AND/OR FREIGHT FORWARDERS AS A REGULAR BUSINESS PRACTICE TO INITIATE INTERNATIONAL SHIPMENTS OF USED, INTACT CRTs FOR REUSE PRIOR TO NOTIFYING EPA OF ITS INTENT TO EXPORT CRTs FOR REUSE. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 261.41 BY FAILING TO SEND A ONE-TIME NOTIFICATION TO EPA PRIOR TO EXPORTING USED, INTACT CRTs FOR REUSE.

Defendants (1)

• E-RECYCLE INTERNATIONAL, INC.Named in complaintNamed in settlement

Facilities (1)

• E-RECYCLE USA

  6250 MCDONOUGH DRIVE SUTIES A & B, NORCROSS, GA, 30093

  Registry ID: 110024555756

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• E-RECYCLE INTERNATIONAL, INC.entered 2013-05-08

  Primary law: RCRA

  Federal penalty: $3,500

Timeline (4 milestones)

• 2013-05-08Final Order Issued
• 2013-05-08Complaint Filed/Proposed Order
• 2013-07-02Enforcement Action Data Entered
• 2019-03-12Enforcement Action Closed