EPA v. GIANT CEMENT COMPANY

Case summary

12/5/17-CONSENT AGMT, ASSESSING PENALTY OF $13,300. ALLEGATIONS: AUG 9-10, 2016-EPA CONDUCTED INSPECTION. DEC 22, 2016-EPA SENT RESPONDENT AN INFO REQUEST FOR INVENTORY RECORDS USED TO TRACK HW-CONTAINING RAILCARS DESIGNATED FOR FACILITY FOR EACH DAY BETWEEN OCT 1, 2013 AND SEP 30, 2016 (INCLUDING RAILCAR #, GENERATOR NAMES, PROFILE #, DATE MANIFEST RECD, DATE MANIFEST SIGNED, DATE RAILCAR SITED, DATE UNLOADING BEGAN, DATE UNLOADING COMPLETED, PLANT DAYS AND THE MANIFEST DAYS), IN THE FORM OF AN ELECTRONIC DATABASE. JAN 30, 2017-RESPONDENT PROVIDED AN ELECTRONIC COPY OF THE DATABASE FOR THE PERIOD OCT 1, 2013 TO SEPT 30, 2016, USED TO TRACK HW-CONTAINING RAILCARS DESIGNATED FOR FACILITY. FEB 8, 2017-EMAIL REQUESTED INVENTORY RECORDS FOR HW-CONTAINING RAILCARS DESIGNATED FOR FACILITY BASED ON THE CALENDAR YR (CY), FROM JAN 1, 2013 THRU DEC 31, 2016 (INCLUDING RAILCAR #, GENERATOR NAMES, PROFILE NUMBER, DATE MANIFEST RECD, DATE MANIFEST SIGNED, DATE RAILCAR SITED, DATED UNLOADING BEGAN, DATE UNLOADING COMPLETED, PLANT DAYS AND THE MANIFEST DAYS) IN THE FORM OF AN ELECTRONIC DATABASE. FEB 17, 2017-RESPONDENT PROVIDED ELECTRONIC COPY OF DATABASE USED TO TRACK HW-CONTAINING RAILCARS DESIGNATED FOR FACILITY FOR THE ADD'L TIME PERIODS OF JAN 1, 2013, TO SEPT 30, 2013 AND OCT 1, 2016 TO DEC 31, 2016. FEB 6, 2017, FEB 17, 2017, AND JULY 10, 2017-RESPONDENT SUBMITTED VOLUNTARY DISCLOSURES TO SCDHEC DISCLOSING GREATER THAN 10% OF THE HW-CONTAINING RAILCARS PROCESSED IN THE CYs 2013 (JULY 10, 2017 DISCLOSURE), 2014 AND 2015 (FEB 17, 2017 DISCLOSURE) AND 2016 (FEB 6, 2017 DISCLOSURE), EXCEEDED THE 10-DAY PROCESSING TIME. ACCORDING TO RESPONDENT'S JULY 10, 2017, DISCLOSURE IN CY 2013, FACILITY PROCESSED 267 HW RAILCARS, OF WHICH 51 RAILCARS EXCEEDED THE 10-DAY TIME PERIOD FOR PROCESSING. THEREFORE, 25 RAILCARS EXCEEDED THE 10% ALLOWANCE FOR THAT YR AND REQUIRED APPROVAL FROM SCDHEC. RESPONDENT DID NOT OBTAIN APPROVAL. EPA ALLEGES RESPONDENT FAILED TO COMPLY WITH SEC 4.0 OF THE PLAN BY EXCEEDING 10-DAY TURNAROUND TIME FOR GREATER THAN 10%OF THE HW-CONTAINING RAILCARS BROUGHT ONSITE IN THE CY 2013, W/OUT RECEIVING APPROVAL FROM SCDHEC. ACCORDING TO RESPONDENT'S FEB 17, 2017, DISCLOSURE, IN CY 2014, THE FACILITY PROCESSED 266 HW RAILCARS, OF WHICH 29 RAILCARS EXCEEDED THE 10-DAY TIME PERIOD FOR PROCESSING. THEREFORE, 2 RAILCARS EXCEEDED THE 10% ALLOWANCE FOR THAT YR AND REQUIRED APPROVAL FROM SCDHEC. RESPONDENT DID NOT OBTAIN APPROVAL. EPA THEREFORE RESPONDENT FAILED TO COMPLY WITH SEC 4.0 OF THE PLAN BY EXCEEDING THE 10-DAY TURNAROUND TIME FOR GREATER THAN 10% OF THE HW-CONTAINING RAILCARS BROUGHT ON-SITE IN THE CY 2014, W/OUT RECEIVING APPROVAL FROM SCDHEC. ACCORDING TO RESPONDENT'S FEB 17, 2017, DISCLOSURE, IN CY 2015, THE FACILITY PROCESSED 200 HW RAILCARS, OF WHICH 39 RAILCARS EXCEEDED THE 10-DAY TIME PERIOD FOR PROCESSING. THEREFORE, 19 RAILCARS EXCEEDED THE 10% ALLOWANCE FOR THAT YR; REQUIRED APPROVAL FROM SCDHEC. RESPONDENT DID NOT OBTAIN PPROVAL. EPA ALLEGES RESPONDENT FAILED TO COMPLY WITH SEC 4.0 OF THE PLAN BY EXCEEDING THE 10-DAY TURNAROUND TIME FOR GREATER THAN 10% OF THE HW-CONTAINING RAILCARS BROUGHT ONSITE IN THE CY 2015, W/OUT RECEIVING APPROVAL FROM SCDHEC. ACCORDING TO RESPONDENTS FEB 6, 2017, DISCLOSURE, IN CY 2016, FACILITY PROCESSED 144 HAZ WASTE RAILCARS, OF WHICH 20 RAILCARS EXCEEDED THE 10-DAY TIME PERIOD FOR PROCESSING. THEREFORE, 5 RAILCARS EXCEEDED THE 10% ALLOWANCE FOR THAT YR; REQUIRED APPROVAL FROM SCDHEC. RESPONDENT DID NOT OBTAIN APPROVAL. EPA ALLEGES RESPONDENT FAILED TO COMPLY WITH SEC 4.0 OF THE PLAN BY EXCEEDING 10-DAY TURNAROUND TIME FOR GREATER THAN 10% OF THE HWE-CONTAINING RAILCARS BROUGHT ONSITE IN CY 2016, W/OUT RECEIVING APPROVAL FROM SCDHEC. BASED ON VIOLATIONS OF THE PLAN ALLEGED IN PARAs 33,35,37, AND 39, EPA ALLEGES THAT RESPONDENT FAILED TO COMPLY WITH ITS PERMIT IN VIOLATION OF SEC 44-56-130(3) OF THE SCHWMA, SC CODE ANN 44-56-130(3) (RCRA 3005).

Defendants (1)

• GIANT CEMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• HM SOUTHEAST CEMENT LLC/HARLEYVILLE SITE

  654 JUDGE STREET, HARLEYVILLE, SC, 29448

  Registry ID: 110000560544

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)

• GIANT CEMENT COMPANYentered 2017-12-05

  Primary law: RCRA

  Federal penalty: $13,300

Timeline (4 milestones)

• 2017-12-05Final Order Issued
• 2017-12-05Complaint Filed/Proposed Order
• 2017-12-18Enforcement Action Data Entered
• 2018-01-02Enforcement Action Closed