EPA v. WISE ALLOYS, LLC

Case summary

4/2/14 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $111,300, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OCT 30, 2012, ADEM AND EPA CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION AT RESPONDENT'S FACILITY. RESPONDENT SUBMITTED A HAZ WASTE GENERATOR NOTIFICATION ON JAN 23, 2012, WHICH CHARACTERIZED THE FACILITY AS AN LQG OF HAZ WASTE. EPA INSPECTOR DETERMINED THAT RESPONDENT WAS ALSO A SQHUW AND A GENERATOR OF USED OIL AT THE TIME OF THE OCT 30, 2012 RCRA CEI. IT WAS OBSERVED THAT RESPONDENT: 1. FAILED TO PLACE HAZ WASTE IN CONTAINERS OR TANKS WITHIN ITS PAINT MIX ROOM, COATING ROOM, AND IN THE AREA OF THE RISER FROM THE UNDERGROUND HAZ WASTE ACCUMULATION TANK. 2. FAILED TO MINIMIZE THE POSSIBILITY OF A RELEASE OF HAZ WASTE DUE TO ITS USE OF CONCRETE SUMPS IN THE PAINT MIX ROOM AND THE COATING ROOM; THE METAL SECONDARY CONTAINMENT SYSTEM FOR THE WATER BASED PAINT MIXERS; AND THE CONDITIONS WITHIN ITS PAINT MIX ROOM, AND IN THE AREA OF THE RISER OF ITS UNDERGROUND HAZ WASTE ACCUMULATION TANK. 3. FAILED TO COMPLY WITH THE APPLICABLE AIR EMISSION REQUIREMENTS FOR MANAGEMENT HAZ WASTE IN ITS UNDERGROUND HAZ WASTE ACCUMULATION TANK. 4. FAILED TO HAVE A LIST OF EMERGENCY EQUIPMETN IN ITS HAZ WASTE CONTINGENCY PLAN. 5. FAILED TO HAVE A CURRENT LIST OF EMERGENCY COORDINATORS AND PHONE NUMBERS AND ADDRESSES IN ITS HAZ WASTE CONTINGENCY PLAN. 6. FAILED TO SUBMIT ITS CONTINGENCY PLAN OR TO HAVE DOCUMNETATION THAT ITS CONTINGENCY PLAN HAD BEEN SUBMITTED, TO LOCAL POLICE DEPTS, FIRE DEPTS, HOSPITALS, STATE AND LOCAL EMERGENCY RESPONSE TEAMS THAT MAY BE CALLED UPON TO PROVIDE EMERGENCY SERVICES. 7. FAILED TO LABEL A 5-GAL CONTAINER OF PAINT FILTERS WITHIN ITS PAINT MIX ROOM AND A 5-GAL CONTAINER OF PAINT WASTE NEAR THE SECONDARY CONTAINMENT SYSTEM FOR ITS WATER-BASED PAINT MIXERS. 8. FAILED TO KEEP ONE 5-GAL AND ONE 5-GAL CONTAINER IN THE PAINT MIX ROOM, ONE 55-GAL CONTAINER IN THE COATING ROOM, ONE 55-GAL CONTAINER IN THE WIRE AND BAR BLDG, AND ONE 5-GAL CONTAINER NEAR THE WATER-BASED PAINT MIXERS CLOSED WHEN HAZ WASTE WAS NOT BEING ADDED OR REMOVED FROM THE CONTAINERS. 9. FAILED TO LABEL 3 TANKS OF USED OIL WITH THE WORDS USED OIL. 10. FAILED TO LABEL ITS USED BATTERIES WITH THE WORDS UNIVERSAL WASTE-BATTERIES OR WASTE BATTERIES OR USED BATTERIES. 11. FAILED TO MARK ITS BATTERIES WITH THE EARLIEST DATE THAT ANY OF THE BATTERIES WERE RECEIVED OR TO OTHERWISE DEMONSTRATE THE LENGTH OF TIME THAT THE WASTE HAD BEEN ACCUMULATED.

Defendants (1)

• WISE ALLOYS, LLCNamed in complaintNamed in settlement

Facilities (1)

• WISE ALLOYS, LLC - ALABAMA RECLAMATION PLANT

  1009 FORD ROAD, MUSCLE SHOALS, AL, 35661

  Registry ID: 110070328268

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)

• WISE ALLOYS, LLCentered 2014-04-02

  Primary law: RCRA

  Federal penalty: $111,300

Timeline (4 milestones)

• 2014-04-02Final Order Issued
• 2014-04-02Complaint Filed/Proposed Order
• 2014-04-10Enforcement Action Data Entered
• 2014-04-15Enforcement Action Closed