EPA v. SAFETY-KLEEN SYSTEMS, INC.

Case summary

9/24/14 - CONSENT AGREEMENT AND FINAL ORDER, ASSESSING A PENALTY OF $59,925, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT MARCH 12, 2010, RESPONDENT PROVIDED ROBBIE D. WOOD, A HAZARDOUS WASTE TRANSPORTER, WITH A TRANSPORT VEHICLE LOADED WITH PCB MATERIALS AND HAZARDOUS WASTE. ALTHOUGH INTENDED FOR DISPOSAL AT A TEXAS HAZARDOUS WASTE DISPOSAL FACILITY, DUE TO MANIFESTING AND DISPATCHING ERRORS, THE CONTENTS OF THE TRANSPORT VEHICLE WERE TRANSPORTED TO THE PECAN ROW SOLID WASTE LANDFILL IN VALDOSTA, GA, FOR VALDOSTA, GA FOR DISPOSAL. 40 CFR 761.40(b) REQUIRES THAT ANY TRANSPORT VEHICLE LOADED WITH PCB CONTAINERS THAT CONTAIN MORE THAN 45 kg OF LIQUID PCBs AT CONCENTRATIONS OF GREATER THAN OR EQUAL TO 50 PPM BE MARKED ON EACH END AND EACH SIDE WITH THE ML MARK AS DESCRIBED AT 40 CFR 761.45(a). ACCORDING TO INFORMATION OBTAINED BY THE EPA, ON OR ABOUT MAR 12, 2010, RESPONDENT PROVIDED ROBBIE D. WOOD, A HAZ WASTE TRANSPORTER, WITH A TRANSPORT VEHICLE LOADED WITH PCB CONTAINERS THAT CONTAINED MORE THAN 45 KG OF LIQUID PCBs AT CONCENTRATIONS OF GREATER THAN OR EQUAL TO 50 PPM. THE TRANSPORT VEHICLE WAS NOT MARKED ON EACH END AND EACH SIDE WIT THE ML MARK AS DESCRIBED IN 40 CFR 761.45(a), THEREFORE, THE RESPONDENT VIOLATED 40 CFR 761.40(b). 40 CFR 761.208(3) REQUIRES THAT WHENEVER AN OFFSITE SHIPMENT OF PCB WASTE IS INITIATED FROM A COMMERCIAL STORAGE FACILITY, THE OWNER OR OPERATOR OF THE COMMERCIAL STORAGE FACILITY SHALL COMPLY WITH THE MANIFEST REQUIREMENTS THAT APPLY TO GENERATORS OF PCB WASTE PER 40 CFR 761.207. THE MANIFESTING REQUIREMENTS OF 40 CFR 761.207 PROVIDE THAT A GENERATOR WHO OFFERS FOR TRANSPORT PCB WASTE FOR COMMERCIAL STORAGE OR OFFSITE DISPOSAL MUST PREPARE A MANIFEST ON EPA FORM 8700-22 ACCORDING TO THE INSTRUCTIONS INCLUDED IN THE APPENDIX OF 40 CFR PART 262. ACCORDING TO INFO OBTAINED BY EPA, ON OR ABOUT MAR 12, 2010, RESPONDENT INITIATED AN OFF-SITE SHIPMENT OF PCB WASTE FROM ITS DENTON, TX, COMMERCIAL STORAGE FACILITY. THEREFORE, RESPONDENT WAS SUBJECT TO THE MANIFESTING REQUIREMENTS OF 40 CFR 761.207. ACCORDING TO INFO OBTAINED BY EPA, RESPONDENT FAILED TO PREPARE AN ACCURATE MANIFEST ON EPA FORM 8700-22 ACCORDING TO THE INSTRUCTIONS INCLUDED IN THE APPENDIX OF 40 CFR PART 262 TO ACCOMPANY THE MAR 12, 2010, OFFSITE SHIPMENT OF PCB WASTE FROM THE DENTON, TX, COMMERCIAL STORAGE FACILITY. THEREFORE, RESPONDENT VIOLATED THE APPLICABLE MANIFESTING REQUIREMENTS OF 40 CFR 761.207. 40 CFR 761.60(c) PROVIDES THE DISPOSAL REQUIREMENTS FOR PCB CONTAINERS AND LIQUID-STATE PCBs CONTAINED THEREIN. ACCORDING TO INFORMATION OBTAINED BY EPA, RESPONDENT FAILED TO COMPLY WITH THE APPLICABLE 40 CFR 761.60(c) DISPOSAL REQUIREMENTS FOR PCB CONTAINERS AND LIQUID-STATE PCBs WHEN ON MAR 12, 2010, IT PROVIDED FOR TRANSPORT PCB CONTAINERS CONTAINING LIQUID-STATE PCBs FROM ITS DENTON, TX, FACILITY WHICH WERE DISPOSED OF AT THE PECAN ROW SOLID WASTE LANDFILL IN VALDOSTA, GA. THEREFORE, RESPONDENT VIOLATED THE PCB CONTAINER DISPOSAL REQUIREMENTS OF 40 CFR 761.60(c). ACCORDING TO INFO OBTAINED BY EPA, RESPONDENT FAILED TO COMPLY WITH THE APPLICABLE 40 CFR 761.62 DISPOSAL REQUIREMENTS FOR PCB BULK PRODUCT WASTE WHEN ON MAR 12, 2010, IT PROVIDED FOR TRANSPORT PCB BULK PRODUCT WASTE FROM ITS DENTON, TX, FACILITY WHICH WERE DISPOSED OF AT THE PECAN ROW SOLID WASTE LANDFILL IN VALDOSTA, GA, W/OUT FIRST CONDUCTING THE LEACHATE PROCEDURE DESCRIBED IN 40 CFR 761.62(b). THEREFORE, RESPONDENT VIOLATED THE PCB BULK PRODUCT WASTE DISPOSAL REQUIREMENTS OF 40 CFR 761.62.

Defendants (1)

• SAFETY-KLEEN SYSTEMS, INC.Named in complaintNamed in settlement

Facilities (4)

• PECAN ROW LANDFILL

  2995 WETHERINGTON LANE, VALDOSTA, GA, 31601-1109

  Registry ID: 110013947453

• PECAN ROW LANDFILL

  2995 WETHERINGTON LANE, VALDOSTA, GA, 31601-1109

  Registry ID: 110013947453

• PECAN ROW LANDFILL

  2995 WETHERINGTON LANE, VALDOSTA, GA, 31601-1109

  Registry ID: 110013947453

• PECAN ROW LANDFILL

  2995 WETHERINGTON LANE, VALDOSTA, GA, 31601-1109

  Registry ID: 110013947453

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SAFETY-KLEEN SYSTEMS, INC.entered 2014-09-24

  Primary law: TSCA

  Federal penalty: $59,925

Timeline (4 milestones)

• 2014-09-24Complaint Filed/Proposed Order
• 2014-09-24Final Order Issued
• 2014-09-26Enforcement Action Data Entered
• 2014-10-07Enforcement Action Closed