EPA v. AMERICAN ENVIRONMENTAL SERVICES, INC. dba AES ENVIRONMENTAL, LLC

Case summary

10/22/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $65,000, DUE WITHIN 30 DAYS. ON NOV 5, 2012, EPA AND KDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI)AT THE FACILITY. DURING THE CEI, THE INSPECTOR OBSERVED: - RESPONDENT WAS OPERATING A 55-GAL SATELLITE-ACCUMULATION CONTAINER FOR AEROSOL CAN IN BLDG 2 AND WAS OPERATING A SECOND SATELLITE ACCUMULATION CONTAINER OF D006 BAG HOUSE DUST UNDERNEATH THE BAG HOUSE OUTSIDE OF BLDG 3. NEITHER OF THSE SATELLITE-ACCUMULATION CONTAINERS WAS LABELED AS TO ITS CONTENTS OR WITH THE WORDS, HAZARDOUS WASTE OR WITH OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS. EPA ALLEGES RESPONDENT VIOLTED KRS 224.46-520 (RCRA 3005) BY STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO ACHIEVE A REQUIREMENT OF THE CAA PERMIT EXEMPTION BY NOT COMPLYING WITH THE LABELING REQUIREMENTS SET FORTH IN 401 KAR 32:030 SECTION 5(1) (40 CFR 262.34(c)(1)(ii)). - RESPONDENT HAD FAILED TO ADEQUATELY MAINTAIN THE TOP COATING ON THE FLOOR OF THE SECONDARY CONTAINMENT SYSTEM, THEREBY RENDERING IT INSUFFICIENTLY IMPERVIOUS. EPA ALLEGES RESPONDENT VIOLATED CONDITION NO. T-1 AND CONDITION NO. T-13 SETE FORTH IN RESPONDENT'S HAZ WASTE PERMIT UNDER GSTO2 (CONTAINER STORAGE AREAS) CONTAINER STORAGE IN BLDGS 2 AND 3: PART II - SPECIFIC CONDITIONS - MANAGEMENT OF HAZARDOUS WASTE IN CONTAINERS. - RESPONDENT WAS STORING CONTAINERS OF D001 HAZ WASTE IN ROW 15 OF BLDG 2, WHICH WERE LEANING AND WERE ONLY PARTIALLY BANDED TOGETHER. INSPECTOR ALSO OBSERVED THAT IN ROW 63 OF BLDG 3, A PALLET OF FOUR 55-GAL CONTAINERS HAD BEEN PLACED UP ON ANOTHER PALLET OF THREE 55-GAL CONTAINERS. THESE WASTE CONTAINERS INCLUDED D001 AND D002 HAZ WASTES. TEH MANNER IN WHICH THESE CONTAINERS WERE BEING HANDLED AND STORED FAILED TO ENSURE THAT THE CONTAINERS WOULD NOT RUPTURE OR LEAK. EPA ALLEGES RESPONDENT VIOLATED PERMIT CONDITION NO. T-10 SET FORTH IN RESPONDENT'S HAZ WASTE PERMIT UNDER GSTO2 (CONTAINER STORAGE AREAS) CONTAINER STORAGE IN BLDGS 2 AND 3: PART II - SPECIFIC CONDITIONS -MGMT OF HAZ WASTE IN CONTAINERS. - RESPONDENT WAS STORING THE FOLLOWING ITEMS THAT WERE NOT CLOSED: 1 BOX OF D001/D009/D002/D003/P030 HAZ WASTE ON ROW 23 OF BLDG 2, AND 7 250-GAL ROUND CONCRETE TOTES OF D035 HAZ WASTE IN ROWS 60 AND 73 OF BLDG 3. EPA ALLEGES THAT RESPONDENT VIOLATED CONDITION NO. T-9 SET FORTH IN RESPONDENT'S HAZ WASTE PERMIT UNDER GSTO2 (CONTAINER STORAGE AREAS) CONTAINER STORAGE IN BLDGS 2 AND 3: PART II-SPECIFIC CONDITIONS-MGMT OF HAZ WASTE IN CONTAINERS. - VARIOUS AMOUNTS OF HAZ WASTE (INCLUDING E-LISTED, CHARACTERISTIC HAZ WASTES ID'd IN 40 KAR 31:030 SEC 5 (40 CFR 261.24(b)), F-LISTED HAZ WASTE ID'd IN 401 KAR 31:040 SEC 2 (40 CFR 261.31(a)), AND DISCARDED COMMERCIAL CHEMICAL PRODUCTS, MANUFACTURING CHEMICAL INTERMEDIARIES, OR OFF-SPECIFICATION COMMERCIAL CHEMICAL PRODUCTS ID'd AS U-LISTED HAZ WASTE IN 401 KAR 31:040 SEC 4 (40 CFR 261.33(f)) ON THE EXTERIOR OF ROLL OFF BOXES RB 08, RB 10, RB 13, RB 14, AND RB 22 LOCATED BEHIND BLDG 3, AS WELL AS BETWEEN ROLL OFF BOXES RB 13 AND RB 22 LOCATED ON THE GRAVEL PARKING LOT. EPA ALLEGES RESPONDENT VIOLATED KRS 224.46-520 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN THE 401 KAR 32:030 SEC 5(1) (40 CFR 262.34(a)(4)) BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREMENTS OF 401 KAR 35:030 SEC 2 (40 CFR 265.31). - RESPONDENT WAS NOT STORING HAZ WASTE (INCLUDING D-LISTED, CHARACTERISTIC HAZ WASTES ID'd IN 40 KAR 31:030 SEC 5 (40 CFR 261.24(b)), F-LISTED HAZ WASTE ID'd IN 401 KAR 31:040 SEC 2 (40 CFR 261.31(a)), AND DISCARDED COMMERCIAL CHEMICAL PRODUCTS, MANUFACTURING CHEMICAL INTERMEDIARIES, OR OFF-SPEC COMMERCIAL CHEMICAL PRODUCTS ID'd AS U-LISTED HAZ WASTES IN 401 KAR 31:040 SEC 4 (40 CFR 261.33(f)) AT THE 90-DAY-OR-LESS STORAGE AREA BEHIND BLDG 3 IN ROLL OFF BOXES COVERED ONLY WITH RIPPED TARPS AND THUS WAS FAILING TO KEEP

Defendants (2)

• AMERICAN ENVIRONMENTAL SERVICES, INC.Named in complaintNamed in settlement
• AES ENVIRONMENTAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• CLEAN EARTH OF CALVERT CITY

  1689 SHAR CAL RD, CALVERT CITY, KY, 42029

  Registry ID: 110016951262

Statutes cited

• RCRA 3004VU — TSD Corrective Action
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AMERICAN ENVIRONMENTAL SERVICES, INC. dba AES ENVIRONMENTAL, LLCentered 2013-10-22

  Primary law: RCRA

  Federal penalty: $65,000

Timeline (4 milestones)

• 2013-10-22Final Order Issued
• 2013-10-22Complaint Filed/Proposed Order
• 2013-10-24Enforcement Action Closed
• 2013-12-26Enforcement Action Data Entered