EPA v. ADVANCED DISPOSAL SERVICES PECAN ROW LANDFILL, LLC

Case summary

6/24/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT MAR 12, 2010, SAFETY-KLEEN, A PCB STORAGE AND DISPOSAL COMPANY, ARRANGED FOR ROBBIE D. WOOD, INC., A HAZ WASTE TRANSPORTER, TO COLLECT A TRANSPORT VEHICLE CONTAINING SOLID WASTE FROM SAFETY-KLEEN'S FACILITY IN DENTON, TX FOR TRANSPORT TO THE PECAN ROW LANDFILL IN VALDOSTA, GA. MISTAKENLY, SAFETY-KLEEN DELIVERED, AND ROBBIE D. WOOD ACCEPTED, A TRANSPORT VEHICLE CONTAINING RCRA AND PCB WASTE MEANT FOR DISPOSAL AT SAFETY-KLEEN'S FACILITY IN DEER PARK, TX. THE PCB WASTE CONTENT OF THE MAR 12, 2010, LOAD WAS COMPRISED OF MATERIALS REGULATED AS PCB CONTAINERS AND PCB BULK PRODUCT WASTE. ACCORDING TO INFO OBTAINED BY EPA, ON OR ABOUT MAR 12, 2010, PECAN ROW LANDFILL ACCEPTED DELIVERY OF THE SAFETY-KLEEN LOAD. ROBBIE D. WOOD PRESENTED A MANIFEST PREPARED BY SAFETY-KLEEN TO THE LANDFILL THAT REPRESENTED THE MATERIAL TO BE NON-HAZARDOUS. RESPONDENT ASSERTS THAT BEOLIA, THE PRIOR OWNER AND OPERATOR OF THE LANDFILL, ADVISED RESPONDENT THAT VEOLIA DID NOT KNOW THAT THE LOAD OF WASTE DELIVERED BY ROBBIE D. WOOD TO THE LANDFILL FOR DISPOSAL ON MAR 12, 2010, INCLUDED PCB CONTAINERS AND PCB BULK PRODUCT WASTE. VEOLIA SOLIDIFIED PORTIONS OF THE LOAD, INCLUDING PCBs, IN STEEL SOLIDIFICATION BINS LOCATED INSIDE THE LANDFILL AND DISPOSED OF THE REMAINING PORTIONS OF THE LOAD INCLUDING PCBs, IN THE WORKING FACE AREA OF THE LANDFILL. ON MAR 13, 2010, A SAFETY-KLEEN REP CONTACTED THE PECAN ROW LANDFILL AND NOTIFIED THEM THAT THE LOAD DELIVERED BY ROBBIE D. WOOD WAS COMPRISED OF MATERIALS REGULATED AS PCB CONTAINERS AND PCB BULK PRODUCT WASTE, AND THAT AN INCORRECT WASTE MANIFEST HAD BEEN TENDERED TO THE LANDFILL ALONG WITH THE LOAD. ON MAR 15, 2010, VEOLIA NOTIFIED THE GA EPD. OVER THE NEXT SEVERAL WEEKS, UNDER THE SUPERVISION OF EPD, THE LANDFILL REMOVED ALL OF THE PCB WASTE FROM THE LANDFILL, CHARACTERIZED THE WASTE, AND THEN REMOVED AND SHIPPED THE PCB WASTE FOR DISPOSAL AT A PERMITTED PCB DISPOSAL FACILITY IN TX PURSUANT TO A HAZ WASTE REMOVAL PLAN APPROVED BY EPD. ON JAN 30, 2013, RESPONDENT ENTERED INTO A CONSENT ORDER WITH EPD TO RESOLVE VIOLATIONS OF THE GA HAZ WASTE MGMT ACT, O.C.G.A. SECTION 12-8-60 ET SEQ AND VIOLATIONS FO THE GA SOLID WASTE MGMT ACT O.C.G.A. SECTION 12-8-20 ET SEQ RELATED TO THE DISPOSAL EVENT. EPA ALLEGES THAT RESPONDENT FAILED TO COMPLY WITH APPLICABLE 40 CFR 761.60(c) DISPOSAL REQUIREMENTS FOR PCB CONTAINERS WHEN IT ACCEPTED FOR DISPOSAL AND DISPOSED NON-DECONTAMINATED PCB CONTAINERS AT PECAN ROW LANDFILL FACLIITY. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED THE PCB CONTAINER DISPOSAL REQUIREMENTS OF 40 CFR 761.60(c). EPA ALLEGES RESPONDENT FAILED TO COMPLY WITH THE APPLICABLE 40 CFR 761.62 DISPOSAL REQUIREMENTS FOR BULK PRODUCT WASTE WHEN IT DISPOSED PCB BULK PRODUCT WASTE NOT MEET THE REQUIREMENTS OF 40 CFR 761.62(b)(1)(i) IN ITS SOID WASTE LANDFILL IN VALDOSTA, GA W/OUT FIRST CONDUCTING THE LEACHATE PROCEDURE DESCRIBED IN 40 CFR 761.62(b)(1)(ii). THEREFORE, EPA ALLEGES RESPONDENT VIOLATED THE PCB BULK PRODUCT WASTE DISPOSAL REQUIREMENTS OF 40 CFR 761.62. BOTH ROBBIE D. WOOD AND SAFETY-KLEEN HAVE ENTERED INTO SEPARATE CONSENT AGMTS TO RESOLVE THE ALLEGATIONS MADE BY EPA AGAINST THEM.

Defendants (1)

• ADVANCED DISPOSAL SERVICES PECAN ROW LANDFILL, LLCNamed 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)

• ADVANCED DISPOSAL SERVICES PECAN ROW LANDFILL, LLCentered 2015-06-24

  Primary law: TSCA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2015-06-24Complaint Filed/Proposed Order
• 2015-06-24Final Order Issued
• 2015-06-29Enforcement Action Data Entered
• 2015-07-06Enforcement Action Closed