EPA v. US TECHNOLOGY CORPORATION

Case summary

3/19/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF ZERO. ALLEGATIONS: ON MAY 21, 2014, EPA AND GAEPD CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY. AT THE TIME OF THE CEI, RESPONDENT WAS SOTRING BLAST MEDIA AND SBM. THE SBM WAS SCREENED TO REMOVE DEBRIS AND STORED IN CONTAINERS, INCLUDING 55-GAL DRUMS AND 1-CY SUPERSACKS. THE CONTAINERS OF SBM WERE INVENTORIED IN THE WAREHOUSE BY UST PERSONNEL. THE INSPECTORS WERE TOLD BY UST PERSONNEL THAT THE FACILITY CONTAINED AROUND 1.5 MILLION POUNDS OF SBM. IN APR 2015, UST MEDIA, INC. OF CANTON, OH, PURCHASED THE UST ASSETS (CUSTOMER LISTS, PATENTS, EQUIPMENT). HOWEVER, RESPONDENT RETAINED OWNERSHIP OF THE CONTENTS OF THE FACILITY. ON MAR 31, 2016, EPA CONDUCTED A SAMPLING INVESTIGATION AT THE FACILITY. AT THE TIME OF THE SAMPLING INVESTIGATION, EPA OBSERVED APPROX 2 MILLION POUNDS OF SBM STORED IN 55-GAL DRUMS AND IN 1 CY SUPERSACKS. SAMPLING RESULTS INDICATED THAT THE WASTE SBM WAS HAZ WASTE AND EXHIBITED TOXICITY CHARACTERISTICS FOR CADMIUM (D006) AND CHROMIUM (D007). ON SEPT 8, 2017, EPA CONDUCTED A CEI (CEI-2). THE FINDINGS OF THE CEI-2 WERE DOCUMENTED IN A REPORT MAILED TO RESPONDENT AND RHH, DATED DEC 21, 2017. AT THE TIME OF THE CEI-2, RESPONDENT'S FACILITY WAS LOCKED; HOWEVER, FROM THE OUTSIDE, THE INSPECTORS OBSERVED THAT THE FACILITY'S MAIN BUILDING AND BACK WAREHOUSE WERE FULL OF SBM CONTAINERS. ON NOVEMBER 17, 2017, EPA ISSUED A SHOW CAUSE LETTER TO RHH (AS THE OWNER OF THE FACILITY AT THE TIME) AND UST (AS THE OPERATOR OF THE FACILITY) FOR THE SBM FOUND INSIDE THE FACILITY. SUBSEQUENTLY, EPA MET SEPARATELY WITH RHH AND UST TO DISCUSS THE CONTENTS OF THE FACILITY. BASED ON FINDINGS DURING THE CEI-1 AND CEI-2, SINCE 2014 TO PRESENT, RESPONDENT HAS ILLEGALLY STORED SBM, A HAZ WASTE AT THE FACILITY W/OUT A PERMIT. EPA, THEREFORE, ALLEGES THAT RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA. CODE ANN. 12-8-66 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS.

Defendants (1)

• US TECHNOLOGY CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• US TECHNOLOGY AEROSPACE ENGINEERING

  224 HWY 49 SOUTH, BYRON, GA, 31008

  Registry ID: 110043770121

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)

• US TECHNOLOGY CORPORATIONentered 2019-03-19

  Primary law: RCRA

Timeline (3 milestones)

• 2019-03-19Final Order Issued
• 2019-03-19Complaint Filed/Proposed Order
• 2019-03-20Enforcement Action Data Entered