EPA v. PIEDMONT, LLC

Case summary

JULY 15, 2021 - CONSENT AND FINAL ORDER ISSUED: AT THE TIME OF AUGUST 2, 2017 INSPECTION THE RESPONDENT FAILED TO KEEP FOUR GAYLORD BOX STORAGE CONTAINERS AND ONE 55-GALLON CONTAINER, WHICH WERE ALL STORING AEROSOL CANS WITH EPA WASTE CODE D001 IN THE DESIGNATED CAA, CLOSED WHEN HAZARDOUS WASTE WAS NOT BEING ADDED OR REMOVED THE EPA THEREFORE ALLEGES THAT THE RESPONDENT WAS IN VIOLATION OF SECTION 3005 OF RCRA BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION. THE RESPONDENT FAILED TO CONDUCT WEEKLY CAA INSPECTIONS FROM MAY 9, 2016 - MAY 23, 2016. EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 3005 of RCRA, 42 U.S.C. 6925 BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN GA COMP R. AND REGS. 391-3-11-.08(1) (2017), BY NOT COMPLYING WITH THE INSPECTION REQUIREMENTS IN GA. R.AND REGS. 391-3-11-.10(1) [40 C.F.R. ? 265.174].THE RESPONDENT DID NOT MARK ANCILLARY EQUIPMENT USED TO TRANSFER AN ETHANOL RINSE, A HAZARDOUS WASTE THAT CONTAINS AN ORGANIC CONCENTRATION OF AT LEAST 10 PERCENT BY WEIGHT, IN A MANNER THAT ALLOWED IT TO BE READILY DISTINGUISHABLE FROM OTHER PIECES OF EQUIPMENT AS REQUIRD BY THE RCRA SUBPART BB AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS. EPA THEREFORE ALLEGES THAT THE RESPONDENT IS IN VIOLATION OF BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION.

Defendants (1)

• PIEDMONT, LLCNamed in complaintNamed in settlement

Facilities (1)

• PIEDMONT LLC

  2030 OLD CANDLER ROAD, GAINESVILLE, GA, 30507-7262

  Registry ID: 110000527706

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)

• PIEDMONT, LLCentered 2021-07-15

  Primary law: RCRA

  Federal penalty: $225,000

Timeline (4 milestones)

• 2021-07-15Final Order Issued
• 2021-07-15Complaint Filed/Proposed Order
• 2021-08-09Enforcement Action Data Entered
• 2021-08-11Enforcement Action Closed