EPA v. HERITAGE-CRYSTAL CLEAN, LLC (HCC) (NATIONAL CASE) (LEAD)

Case summary

Defendant is Heritage- Crystal Clean, LLC (HCC) On January 19, 2022, the Department of Justice, on behalf of the Environmental Protection Agency, filed a civil complaint in federal court in Chicago, Illinois, against Heritage-Crystal Clean, LLC (HCC) seeking injunctive relief and the assessment of civil penalties. The complaint alleges violations of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. ?? 6901 et seq., and its implementing regulations at HCC facilities located in Shreveport, Louisiana; Indianapolis, Indiana; Denver, Colorado; Atlanta, Georgia; and Fairless Hills, Pennsylvania. The Louisiana Department of Environmental Quality and the state of Indiana are co-plaintiffs in the lawsuit. The RCRA violations alleged in the complaint primarily relate to HCC?s handling of spent solvents from its solvent-based parts washing enterprise. The complaint also includes a claim relating to management of used oil at its Shreveport facility. The claims in the complaint include failing to make required hazardous waste determinations, storing hazardous waste without a permit, transporting hazardous waste without a manifest, failing to comply with requirements related to reducing air emissions from hazardous waste tanks and equipment, and failing to comply with secondary containment requirements for hazardous waste tanks. On August 8, 2019, the Region 4 Regional Administrator signed a letter transmitting the HCC ? Atlanta Facility Supplemental Referral to DOJ. The Region 4 HCC referral supplements a 2017 Region 6 referral pertaining to RCRA violations at HCC?s Shreveport, Louisiana hub. Regions 3, 5 and 8 have already referred similar HCC cases to DOJ. The case is being managed out of HQs. Most of the claims against HCC pertain to the improper management of hazardous waste with respect to its spent 142 Solvent liquid waste stream (D039), which HCC has claimed is non-hazardous. Alleged violations include: (1) failure to make a hazardous waste determination on both the spent 142 Solvent liquid waste stream and the spent 142 Solvent sludge remaining in the individual drums/containers; (2) storage without a permit based on HCC?s failure to comply with the large quantity generator conditions for exemption, including RCRA?s organic air emissions standards in Subparts BB and CC, with respect to its management of the spent 142 Solvent liquid in railcars and the spent 142 Solvent sludge; (3) failure to prepare a manifest for offsite disposal of hazardous waste aerosol cans; (4) universal waste violations with respect to hazardous waste lamps; and (5) used oil violations. EPA Region 4 is seeking injunctive relief for HCC to come back into compliance with RCRA and a substantial penalty. 5/16/2024 - CONSENT DECREE ENTERED The Consent Decree resolves claims of the United States on behalf of the U.S. Environmental Protection Agency (EPA), the Louisiana Department of Environmental Quality (LDEQ), and the State of Indiana against Heritage-Crystal Clean, LLC (HCC) for alleged violations of requirements governing management of hazardous waste, as well as a violation of used oil management requirements, at current or former HCC facilities located in Indianapolis, Indiana, Shreveport, Louisiana, Atlanta, Georgia, Fairless Hills, Pennsylvania, and Denver, Colorado. Under the Consent Decree, HCC will pay civil penalties totaling $1,162,500 and will implement various measures to ensure that HCC facilities will not treat, store or dispose of used parts washing solvents that qualify as hazardous waste unless and until HCC receives a hazardous waste permit authorizing it to manage hazardous waste. Plaintiffs estimate that the compliance measures required under the proposed settlement will cost at least $1,628,502.

Defendants (1)

• HERITAGE-CRYSTAL CLEAN, LLC (HCC)Named in complaintNamed in settlement

Facilities (1)

• CRYSTAL CLEAN OF GEORGIA LLC

  6140 PURDUE DR SW, ATLANTA, GA, 30336

  Registry ID: 110067204983

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)

• HERITAGE-CRYSTAL CLEAN, LLC (HCC) (NATIONAL CASE) (LEAD)entered 2024-05-16

  Primary law: RCRA

  Federal penalty: $151,649

Timeline (5 milestones)

• 2019-08-08Referred To Dept Of Justice
• 2019-08-22Enforcement Action Data Entered
• 2022-01-19Complaint Filed With Court
• 2023-12-07Final Order Lodged
• 2024-05-16Final Order Entered