EPA v. YORK INTERNATIONAL CORPORATION

Case summary

5/2/14 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $8,750. UNDER THE MHWMR, RESPONDENT WAS REQUIRED TO COMPLY WITH THE FOLLOWING REQUIREMENTS AT ITS FACILITY AT THE TIME OF THE EPA COMPLIANCE INSPECTION (CEI) CONDUCTED ON MAY 1, 2013: A. PURSUANT TO MHWMR PART 262 (40 CFR 262.34(c)(1)(ii)) A GENERATOR OF HAZ WASTE MAY ACCUMULATE AS MUCH AS 55 GALS OF HAZ WASTE (OR ONE QUART OF ACUTELY HAZ WASTE) IN CONTAINERS AT OR NEAR ANY POINT OF GENERATION WHERE WASTES INITIALLY ACCUMULATE (I.E., SATELLITE ACCUJULATION AREA), WITHOUT A PERMIT OR INTERIM STATUS, PROVIDED THE GENERATOR MARKS SUCH CONTAINERS EITHER WITH THE WORDS HAZARDOUS WASTE OR WITH OTHER WORDS WHICH IDENTIFY THE CONTENTS OF THE CONTAINERS. AT THE TIME OF THE CEI, THE EPA INSPECTOR OBSERVED THAT THE STILL BOTTOMS ACCUMULATION CONTAINER IN THE SATELLITE ACCUMULATION AREA WAS NOT LABELED PER MHWMR PART 262 (40 CFR 262.34(c)(1)(ii)). B. PURSUANT TO MHMWR PART 262 (40 CFR 262.34(d)(4)), A GENERATOR WHO GENERATES GREATER THAN 100 KILOGRAMS BUT LESS THAN 1000 KILOGRAMS OF HAZ WASTE IN A CALENDAR MONTH MAY ACCUMULATE HAZ WASTE ON-SITE FOR 180 DAYS OR LESS WITHOUT A PERMIT OR WITHOUT HAVING INTERIM STATUS, PROVIDED THAT PROVIDED THE GENERATOR MARKS SUCH CONTAINERS EITHER WITH THE WORDS HAZARDOUS WASTE. AT THE TIME OF THE CEI, THE EPA INSPECTOR OBSERVED 3 HAZ WASTE CONTAINERS IN THE 180-DAY STORAGE AREA THAT WERE NOT MARKED WITH THE WORDS HAZARDOUS WASTE. C. PURSUANT TO MHWMR PART 262 (40 CFR 262.34(d)(4)), A GENERATOR WHO GENERATES GREATER THAN 100 KILOGRAMS BUT LESS THAN 1000 KILOGRAMS OF HAZARDOUS WASTE IN A CALENDAR MONTH MAY ACCUMULATE WASTE ONSITE FOR 180 DAYS OR LESS WITHOUT A PERMIT OR WITHOUT HAVING INTERIM STATUS, PROVIDED THAT THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS IS CLEARLY MARKED AND VISIBLE FOR INSPECTION ON EACH CONTAINER. AT THE TIME OF THE CEI, THE EPA INSPECTOR OBSERVED SIX HAZARDOUS WASTE CONTAINERS IN THE 180-DAY STORAGE AREA THAT WERE NOT PROVIDED WITH AN ACCUMULATION START DATE. D. PURSUANT TO MHWMR PART 262 (40 CFR 262.34(d)(2)), A GENERATOR WHO GENERATES GREATER THAN 100 KILOGRAMS BUT LESS THAN 1000 KILOGRAMS OF HAZARDOUS WASTE IN A CALENDAR MONTH MAY ACCUMULATE HAZ WASTE ONSITE FOR 180 DAYS OR LESS W/OUT A PERMIT OR W/OUT HAVING INTERIM STATUS, PROVIDED THAT PROVIDED THAT, AT LEAST WEEKLY, THE OWNER OR OPERATOR INSPECTS AREAS WHERE CONTAINERS ARE STORED FOR SIGNS OF LEAKING CONTAINERS AND FOR DETERIORATION OF CONTAINERS CAUSED BY CORROSION OR OTHER FACTORS. AT THE TIME OF THE CEI, EPA INSPECTOR OBSERVED THAT CONTAINERS IN THE 180-DAY STORAGE AREA WERE NOT INSPECTED WEEKLY. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED MISS. CODE ANN. 17-17-27(a) (RCRA 3005) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS.

Defendants (1)

• YORK INTERNATIONAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• JOHNSON CONTROLS-YORK

  77 ACADEMY DRIVE, HATTIESBURG, MS, 39401

  Registry ID: 110002207558

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• YORK INTERNATIONAL CORPORATIONentered 2014-05-02

  Primary law: RCRA

  Federal penalty: $8,750

Timeline (4 milestones)

• 2014-05-02Final Order Issued
• 2014-05-02Complaint Filed/Proposed Order
• 2014-05-05Enforcement Action Closed
• 2014-05-07Enforcement Action Data Entered