EPA v. CHEMICAL WASTE MANAGEMENT, INC.

Case summary

5/6/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,046, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT APR 15, 2014, EPA CONDUCTED A FINANCIAL RECORDS REVIEW AT RESPONDENT'S FACILITY IN EMELLE, AL, TO DETERMINE COMPLIANCE WITH THE PCB REGS. ON MARCH 27, 2001, EPA REGION 4 ISSUED AN APPROVAL FOR THE COMMERCIAL STORAGE OF PCBS TO RESPONDENT PURSUANT TO 40 CFR 761.65(d). ON APR 16, 2007, EPA RENEWED THE APPROVAL. 40 CFR 761.65(f)(1) REQUIRES A COMMERCIAL STORER OF PCB WASTES TO HAVE A DETAILED ESTIMATE, IN CURRENT DOLLARS, OF THE COST OF CLOSING THE FACILITY IN ACCORDANCE WITH ITS APPROVED CLOSURE PLAN. ADDITIONALLY, 40 CFR 761.65(f)(2) REQUIRES THAT DURING THE ACTIVE LIFE OF THE PCB STORAGE FACILITY, THE COMMERCIAL STORER OF PCB WASTE SHALL ADJUST ANNUALLY FOR INFLATION THE CLOSURE COST ESTIMATE PRIOR TO THE ANNIVERSARY DATE OF THE ESTABLISHMENT OF THE FINANCIAL INSTRUMENTS USED TO DEMONSTRATE FINANCIAL RESPONSIBILITY FOR CLOSURE. CONDITION II.J.1.a OF THE APPROVAL ISSUED TO RESPONDENT REQUIRES RESPONDENT TO ANNUALLY ADJUST THE CLOSURE COST ESTIMATE AND SUBMIT A COPY TO EPA BY NO LATER THAN THE ANNIVERSARY DATE OF THE ESTABLISHMENT OF THE FINANCIAL ASSURANCE INSTRUMENT(S) USED TO DEMONSTRATE FINANCIAL ASSURANCE FOR CLOSURE. DURING EPA'S REVIEW OF RESPONDENT'S FINANCIAL RECORDS, EPA OBSERVED THAT THE RESPONDENT HAD NOT SUBMITTED TO EPA AN ANNUAL ADJUSTMENT OF RESPONDENT'S CLOSURE COSTS ESTIMATE FOR CALENDAR YEARS 2012 AND 2013. PURSUANT TO 40 CFR 761.65(d)(4)(iv), WRITTEN APPROVALS ISSUED BY EPA TO COMMERCIAL STORERS OF PCBs SHALL INCLUDE CONDITIONS DEEMED NECESSARY TO ENSURE THAT THE OPERATIONS OF THE PCB STORAGE FACILITY WILL NOT POSE AN UNREASONABLE RISK OF INJURY TO HEALTH OR THE ENVIRONMENT. RESPONDENT FAILED TO COMPLY WITH CONDITION II.J.1.a OF THE APPROVAL. FAILURE TO ANNUALLY ADJUST AND/OR TO SUBMIT THE ADJUSTED ESTIMATE TO EPA COULD RESULT IN AN UNREASONABLE RISK OF INJURY TO HEALTH OR THE ENVIRONMENT IF RESPONDENT'S CLOSURE COST ESTIMATE WAS INACCURATE AND INSUFFICIENT TO PROPERLY CLOSE THE FACILITY. THEREFORE, BY FAILING TO COMPLY WITH THIS CONDITION, RESPONDENT VIOLATED THE APPROVAL AND IS SUBJECT TO CIVIL PENALTY.

Defendants (1)

• CHEMICAL WASTE MANAGEMENT, INC.Named in complaintNamed in settlement

Facilities (1)

• CHEMICAL WASTE MANAGEMENT

  ALABAMA HIGHWAY 17/PO BOX 55, EMELLE, AL, 36964

  Registry ID: 110000493074

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CHEMICAL WASTE MANAGEMENT, INC.entered 2015-05-06

  Primary law: TSCA

  Federal penalty: $12,045

Timeline (4 milestones)

• 2015-05-06Complaint Filed/Proposed Order
• 2015-05-06Final Order Issued
• 2015-06-02Enforcement Action Closed
• 2015-06-17Enforcement Action Data Entered