EPA v. SAFETY-KLEEN SYSTEMS, INC. - JACKSON SERVICE CENTER

Case summary

3/26/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $12,600, DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 15, 2019, INSPECTORS WITH EPA AND MEDQ CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. DURING THE CEI, INSPECTORS WERE INFORMED THAT HAZ WASTES IDENTIFIED WITH EPA HW NUMBERS D018, D039, AND D040 WERE THEN BEING STORED WITHIN THE 15-000-GAL SERVICE CENTER HW STORAGE TANK, THE TANKS ANCILLARY UNITS CONSISTING OF VARIOUS DRUMS AND OTHER RELATED CONTAINERS LOCATED AT THE SOLVENT RETURN AND FILL STATION, AS WELL AS CONTAINERS BEING STORED IN THE FLAMMABLE STORAGE SHELTER PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN MODULE III (CONTAINERS) OF THE PERMIT. DURING THE CEI, THE INSPECTORS OBSERVED A CLEARLY VISIBLE GAP BETWEEN THE 15,000 GALLON SERVICE CENTER HW STORAGE TANK AND THE SERVICE CENTER HW STORAGE TANK'S MANHOLE COVER. THE MANHOLE COVER, HAVING BEEN DESIGNED TO FORM A CONTINUOUS BARRIER OVER THE ENTIRE SURFACE AREA OF THE TANK, WAS OPERATING AS A CLOSURE DEVICE. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 11 MISS. ADMIN. CODE PT. 3, R. 1.7 (40 CFR 264.1084) AND THE CONDITIONS SET FORTH IN THE PERMIT BY OPERATING A CLOSURE DEVICE ON THE SERVICE CENTER HW TANK THAT FAILED TO ACHIEVE THE REQUISITE SUBPART CC TANK LEVEL 1 CONTROLS. DURING THE CEI, THE INSPECTORS OBSERVED THAT RESPONDENT WAS ACCUMULATING HW IN 4 30-GAL CONTAINERS AND ONE 16-GAL CONTAINER LOCATED IN THE SOLVENT RETURN AND FILL STATION, ONE OF THE FACILITY'S PERMITTED CONTAINER STORAGE AREAS, WHICH WERE NOT LABELED WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS THAT IDENTIFY THE CONTAINERS' CONTENTS. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 11 MISS. ADMIN. CODE PT 3, R. 1.15 (40 CFR 268.50(a)(2)(i) AND THE CONDITIONS SET FORTH IN THE PERMIT BY STORING HW RESTRICTED FROM LAND DISPOSAL W/OUT CLEARLY MARKING EACH CONTAINER TO IDENTIFY ITS CONTENTS. DURING THE CEI, INSPECTORS OBSERVED THAT RESPONDENT WAS ACCUMULATING HW IN ONE 55-GAL AND FOUR 5-GAL CONTAINERS IN THE FLAMMABLE STORAGE SHELTER, ONE OF THE FACILITY'S PERMITTED CONTAINER STORAGE AREAS, THAT WERE NOT MARKED WITH ACCUMULATION START DATES. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 11 MISS. ADMIN. CODE PT. 3, R.1.15 (40 CFR 268.50(a)(2)(i) AND THE CONDITIONS SET FORTH IN THE PERMIT BY STORING HW RESTRICTED FROM LAND DISPOSAL W/OUT CLEARLY MARKING EACH CONTAINER WITH THE DATE EACH PERIOD OF ACCUMULATION BEGAN. DURING THE CEI, INSPECTORS OBSERVED THAT RESPONDENT WAS FAILING TO KEEP A DAILY RECORDING OF THE TANK'S VOLUME AS PART OF ITS INSPECTIONS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 11 MISS. ADMIN. CODE PT. 3, R. 1.7 (40 CFR 264.195(h) AND THE CONDITIONS SET FORTH IN THE PERMIT BY FAILING TO DOCUMENT PERFORMANCE OF ITS DAILY TANK INSPECTIONS W/IN THE FACILITY'S OPERATING RECORD.

Defendants (1)

• SAFETY-KLEEN SYSTEMS, INC. - JACKSON SERVICE CENTENamed in complaintNamed in settlement

Facilities (1)

• SAFETY-KLEEN SYSTEMS INC

  120 RICHARDSON DRIVE, JACKSON, MS, 39201

  Registry ID: 110000376771

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)

• SAFETY-KLEEN SYSTEMS, INC. - JACKSON SERVICE CENTERentered 2019-03-26

  Primary law: RCRA

  Federal penalty: $12,600

Timeline (3 milestones)

• 2019-03-26Final Order Issued
• 2019-03-26Complaint Filed/Proposed Order
• 2019-04-16Enforcement Action Data Entered