EPA v. GIANT RESOURCE RECOVERY SUMTER, INC.& NOVA MOLECULAR SUMTER, LLC

Case summary

JANUARY 20, 2021 - CAFO FILED - On December 2-4, 2015, inspectors with the EPA and with the South Carolina Department of Health and Environmental Control (SCDHEC) conducted a compliance evaluation inspection (CEI) at the Facility. The EPA's findings of the CEI were documented in a Report mailed to Respondents , dated May 25, 2016.On April 19, 2017, inspectors with SCDHEC conducted a CEI at the Facility. The findings of the CBI were documented in a Report mailed to Respondent GRR, dated May 31, 2017. In a letter dated January 8, 2018, SCDHEC referred the violations noted during the April 19, 2017 CBI to the BPA for enforcement. During the December 2-4, 2015 RCRA CEI, the EPA and SCDHEC inspectors (the inspectors) observed multiple items and containers of inherently waste-like material being stored in the location at the facility known as the sample shed; facility personnel informed the inspectors that some of these items and containers had been stored by Respondent GRR at the sample shed for a period of at least one-year. The EPA therefore alleges Respondent GRR violated S.C. Code Ann. Regs. 61-79.262.11 [40 C.F.R. ? 262.11 (2016)] by failing to make a hazardous waste determination on the materials in the items and containers located in the sample shed. During the December 2-4, 2015 RCRA CEI, in the Permitted Container Storage Area SA-6 the inspectors observed one pallet holding two 85-gallon containers of hazardous waste and one 55-gallon container of hazardous waste, stacked above a second pallet on which were located four 55-gallon containers of hazardous waste. One of the 85-gallon containers on the upper pallet was observed to be hanging over the edge of the uppermost pallet and not completely supported. The BPA therefore alleges Respondent GRR violated Condition II.A. of the RCRA Permit, by failing to maintain and operate the facility in a manner to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment, as required by S.C. Code Ann. Regs. 61-79.264.31 [40 C.F.R. ? 264.31]. The EPA therefore also alleges Respondent GRR violated Condition III.E. of the RCRA Permit by handling or storing a container in a manner that may rupture the container or cause it to leak. During the December 2-4, 2015 RCRA CEI, the inspectors observed that the process/distillation area included eight (8) distillation columns. The inspectors were informed that Respondent Nova was operating these eight (8) distillation columns, that a ninth (9ᵗʰ) distillation column was to be constructed, and that the distillation system is used to process both hazardous and non-hazardous wastes and materials as well as for the performance of product distillation activities.

Defendants (2)

• NOVA MOLECULAR SUMTER, LLCNamed in complaintNamed in settlement
• GIANT RESOURCE RECOVERY SUMTER, INCNamed in complaintNamed in settlement

Facilities (3)

• NOVA MOLECULAR SUMTER LLC

  749 INDUSTRIAL RD, SUMTER, SC, 29150

  Registry ID: 110062917303

• GIANT RESOURCE RECOVERY INC - SUMTER FACILITY

  755 INDUSTRIAL BLVD, SUMTER, SC, 29150-6705

  Registry ID: 110000618724

• GIANT RESOURCE RECOVERY INC - SUMTER FACILITY

  755 INDUSTRIAL BLVD, SUMTER, SC, 29150-6705

  Registry ID: 110000618724

Statutes cited

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

Enforcement conclusions (1)

• GIANT RESOURCE RECOVERY SUMTER, INC.& NOVA MOLECULAR SUMTER, LLCentered 2021-01-20

  Primary law: RCRA

  Federal penalty: $85,275

Timeline (3 milestones)

• 2021-01-20Final Order Issued
• 2021-01-20Complaint Filed/Proposed Order
• 2021-02-03Enforcement Action Data Entered