EPA v. TRIMAC TRANSPORTATION INC.

Case summary

6/12/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $225,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO CONDUCT A HAZARDOUS WASTE DETERMINATION ON THE DISCARDED WASTE RAGS FOUND IN AN OPEN UNLABELED CONTAINER. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA. COMP. R. AND REGS. 391-3-11.08(1) [40 C.F.R. SECTION 262.11] BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION ON SOLID WAST GENERATED FACILITY. RESPONDENT FAILED TO PROVIDE HAZARDOUS WASTE TRAINING TO INDIVIDUALS THAT SIGNED HAZARDOUS WASTE MANIFESTS. THE EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF GHWMA, GA. CODE ANN. SECTION 12-9-66 [SECTION 3005 OF RCRA, 42 U.S.C. SECTION 6925] BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORT IN GA. COMP. R. AND REGS. 391-3-11-08(1) (2017) [40 C.F.R. SECTION 262.34(a)(4) (2016)], BY NOT COMPLYING WITH THE PERSONNEL TRAINING REQUIREMENTS OF GA. COMP. R. AND REG. 391-3-11.10(1) [40 C.F.R. SECTION 265.16(a) THROUGH (d). RESPONDENT FAILED TO MINIMIZE THE POSSIBILITY OF A FIRE, EXPLOSION OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE BECAUSE THE FLOOR AROUND A 55-GALLON HAZARDOUS WAST CONTAINER IN AN SAA WAS STAINED WITH THE EXPIRED WASTED RETAINS THAT HAVE BEEN DETERMINED TO BE A D001, D002, D018, AND F003 HAZARDOUS WASTE. THE EPA ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF GHWA, GA. CODE ANN. [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 SET FORTH IN GA. COMP. R. AND REGS. 391-3-11-.08(1) (2017) [RO C.F.R. SECTION 262.43(a)(4) (2016)], BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREMENTS OF GA. COMP. R. AND REGS. 391-3-11-.10(1) [40 C.F.R. SECTION 265.31].

Defendants (1)

• TRIMAC TRANSPORTATION INC.Named in complaintNamed in settlement

Facilities (1)

• TRIMAC TRANSPORTATION

  6800 MCLARIN ROAD, FAIRBURN, GA, 30213-4210

  Registry ID: 110000888184

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• TRIMAC TRANSPORTATION INC.entered 2020-06-12

  Primary law: RCRA

  Federal penalty: $225,000

Timeline (3 milestones)

• 2020-06-12Complaint Filed/Proposed Order
• 2020-06-12Final Order Issued
• 2020-06-16Enforcement Action Data Entered