EPA v. OPTIMA CHEMICAL GROUP LLC

Case summary

7/28/20 - On June 25, 2018, the EPA and GAEPD conducted a RCRA compliance evaluation inspection (CEI) at Respondent's facility. The EPA's findings of the CE! were documented in a report mailed to Respondent, dated September 10, 2018. Respondent provided additional information to EPA regarding the CE! on July 13, 2018. Respondent, through its operations, generates 1,000 kilograms or greater of hazardous waste in a calendar month and therefore is an LQG of hazardous waste.During the June 25, 2018 RCRA CEI, the EPA inspector observed that the Respondent, through its operations, generates hazardous waste. This includes hazardous waste with the following EPA Hazardous Waste Numbers: DOOi, F003 and FOOS. During the June 25, 2018 RCRA CEI, the EPA inspector observed that the Respondent was storing nine (9) 250-gallon Level 2 containers next to the hazardous waste tanks. The hazardous waste in these containers was described and labeled as Flammable Liquid - High BTU and Flammable Liquid - Low BTU. The containers were not labeled or clearly marked with the words Hazardous Waste. Four (4) of the containers of hazardous waste were observed in the open position while waste was not being added or removed from the container and/or the person performing the unloading operation left the immediate vicinity of the container. Based on the additional information Respondent provided to the EPA on July 13, 2018, the Flammable Liquid - High BTU and Flammable Liquid - Low BTU were determined to be hazardous waste with EPA Hazardous Waste Numbers: DOOi, F003 and FOOS, and contain VOCs greater than or equal to 500 ppmw. During the June 25, 2018 RCRA CE!, the EPA inspector observed that the Respondent failed to conduct annual RCRA refresher training for four (4) facility personnel dating back three(3) years from the date of the RCRA CEI. During the June 25, 2018 RCRA CEI, the EPA inspector observed that the Respondent failed to conduct weekly inspections on several occasions in the 90-day hazardous waste accumulation area. the following dates: During the June 25, 2018 RCRA CEI, the EPA inspector observed that the Respondent failed to keep the following containers of hazardous waste in satellite accumulation areas (SAA) closed when waste was not being added or removed. During the June 25, 2018 RCRA CEI, the EPA inspector observed that the Respondent failed to label three (3) 2-quart hazardous waste containers in the SAA inside the laboratory with the words hazardous waste . During the June 25, 2018 RCRA CEI, the EPA inspector observed the Respondent was storing two (2) 55-gallon containers of hazardous waste in the SAA outside the laboratory. The volume of hazardous waste being accumulated at the point of generations was in excess of 55- gallons of hazardous waste. Additionally, the containers had not been moved to the less than 90-day hazardous waste storage area within three (3) days of accumulating over 55 gallons.

Defendants (2)

• Optima Chemical Group LLC
• OPTIMA CHEMICAL GROUP LLCNamed in complaintNamed in settlement

Facilities (4)

• OPTIMA CHEMICAL GROUP L L C

  200 WILLACOOCHEE HWY., DOUGLAS, GA, 31533

  Registry ID: 110000360644

• OPTIMA CHEMICAL GROUP L L C

  200 WILLACOOCHEE HWY., DOUGLAS, GA, 31533

  Registry ID: 110000360644

• OPTIMA CHEMICAL GROUP L L C

  200 WILLACOOCHEE HWY., DOUGLAS, GA, 31533

  Registry ID: 110000360644

• OPTIMA CHEMICAL GROUP L L C

  200 WILLACOOCHEE HWY., DOUGLAS, GA, 31533

  Registry ID: 110000360644

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• OPTIMA CHEMICAL GROUP LLCentered 2020-07-28

  Primary law: RCRA

  Federal penalty: $58,000

Timeline (3 milestones)

• 2020-07-28Final Order Issued
• 2020-07-28Complaint Filed/Proposed Order
• 2020-08-11Enforcement Action Data Entered