EPA v. SANCO, INC.

Case summary

2/5/20 - CONSENT AGREEMENT ISSUED, ASSESSING A ZERO PENALTY. ON AUG 22, 2011, RESPONDENT NOTIFIED GAEPD THAT IT WAS A GENERATOR OF HAZ WASTE AT THE FACILITY. RESPONDENT DID NOT NOTIFY GAEPD THAT IT WAS STORING HAZ WASTE AT THE WAREHOUSE. RESPONDENT DOES NOT HAVE A PERMIT TO STORE, TREAT, OR DISPOSE OF HAZ WASTE. ON AUG 15, 2019, EPA AND GAEPD CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY AND THE WAREHOUSE. INSPECTORS WERE TOLD THAT RESPONDENT WAS STORING APPROX 175,240 POUNDS OF SPENT BLAST MEDIA (SBM) AT THE WAREHOUSE. SBM IS GENERATED FROM THE USE OF BLAST MEDIA TO STRIP PAINT FROM AIRPLANES AND EQUIPMENT WHICH CAN RESULT IN CADMIUM AND CHROMIUM BEING PRESENT IN THE SBM. RECORDS REVIEWED SHOW RESPONDENT RECEIVED 118,120 POUNDS OF SMB FROM US TECHNOLOGY CORPORATION (UST) IN 2015 AND 57,120 POUNDS FROM UST MEDIA (USTM) IN 2018. THE SBM IS STORED IN CONTAINERS THAT ARE 1-CU YD SUPERSACKS. THE CONTAINERS STORING SBM WERE NEITHER LABELED NOR DATED. SOME OF THE CONTAINERS STORING THE SBM WERE OPEN AND/OR RIPPED. RESPONDENT IS DEVELOPING A NEW FILLER PRODUCT CALLED SF-17. THIS PRODUCT IS A MIXTURE OF 75% CALCIUM CARBONATE AND 25% USTM SBM. THIS FILLER WAS DESIGNED FOR USE IN THE MANUFACTURING OF CULTURED MARBLE AND BATHROOM WALL ENCLOSURES. IN THE DEVELOPMENT OF THIS NEW PRODUCT SF-17, RESPONDENT SHIPPED TWO TRUCKLOADS OF SF-17 TO A CUSTOMER IN TEXAS IN 2018. CUSTOMER RETURNED 1 TRUCKLOAD OF SF-17 DUE TO QUALITY ISSUES. IN ANTICIPATION OF FUTURE ORDERS, RESPONDENT MADE ONE ADD'L TRUCKLOAD OF SF-17 THAT WAS NEVER SHIPPED. THE RETURNED SF-17 AND THE ADD'L TRUCKLOAD OF SF-17 IS STORED AT THE WAREHOUSE. RESPONDENT ESTIMATES THAT IT IS STORING 86,400 POUNDS OF THE SF-17 AT THE WAREHOUSE. SAMPLING RESULTS PROVIDED BY RESPONDENT DEMONSTRATE THE SF-17 IS A NON-HAZ WASTE. SUBSEQUENT TO THE CEI, RESPONDENT CONDUCTED A SAMPLING INVESTIGATION OF THE UST SBM AND USTM SBM. SAMPLING RESULTS WERE SUBMITTED TO EPA ON OCT 2, 2019. SAMPLING RESULTS INDICATED THAT BOTH THE UST AND USTM SBM EXHIBITED TOXICITY CHARACTERISTICS FOR CADMIUM (D006) AND CHROMIUM (D007). RESPONDENT HAD NOT RECYCLED, OR TRANSFERRED TO A DIFFERENT SITE FOR RECYCLING, AT LEAST 75% BY WEIGHT OR VOLUME OF THE AMOUNT UST SMB BY JAN 1, 2017. RESPONDENT STATED THAT IT WILL BE ABLE TO RECYCLE, OR TRANSFER TO A DIFFERENT SITE FOR RECYCLING, AT LEAST 75% BY WEIGHT OR VOLUME OF THE AMOUNT OF USTM SBM BY JAN 1, 2020. ALLEGED VIOLATIONS: UST AND USTM SBM SOLID WASTES EXHIBITED TOXICITY CHARACTERISTICS FOR CADMIUM (D006) AND CHROMIUM (D007) AND ARE THEREFORE HAZ WASTES. RESPONDENT HAS BEEN SPECULATIVELY ACCUMULATING THE UST SBM SINCE 2015; USTM SBM SINCE 2018. INSPECTION TEAM NOTICED THE CONTAINERS STORING THE SBM WERE NOT LABELED WITH THE WORDS HAZARDOUS WASTE AND SOME OF THE CONTAINERS WERE OPEN AND/OR RIPPED. RESPONDENT FAILED TO RECYCLE, OR TRANSFER TO A DIFFERENT SITE FOR RECYCLING, AT LEAST 75% BY WEIGHT OR VOLUME OF THE UST SBM STORED ON-SITE BY JAN 1, 2017. THE HAZ WASTE UST SBM HAS BEEN STORED ONSITE IN CONTAINERS FOR GREATER THAN 180 DAYS. EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA. CODE ANN. SECTION 12-8-66 (RCRA 3005) BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT FAILED TO MARK CONTAINERS STORING THE UST AND USTM SBM WITH ACCUMULATION DATES AND/OR THE WORDS HAZARDOUS WASTE . EPA THEREFORE ALLEGES RESPONDENT VIOLATED 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, BECAUSE RESPONDENT FAILED TO COMPLY WITH THE MARKING AND LABELING REQUIREMENT IN GA. COMP. R AND REGS. 391-3-11.08(1) (40 CFR 262.16(b)(6)(i). RESPONDENT FAILED TO KEEP CLOSE THE CONTAINERS HOLDING UST AND USTM SBM IN VIOLATION OF RCRA 3005 BY STORING HAS WASTE W/OUT PERMIT OR INTERIM STATUS.

Defendants (1)

• SANCO, INC.Named in complaintNamed in settlement

Facilities (1)

• SANCO

  207 BROOKHOLLOW RD, DALTON, GA, 30721

  Registry ID: 110000359200

Statutes cited

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

Enforcement conclusions (1)

• SANCO, INC.entered 2020-02-05

  Primary law: RCRA

Timeline (3 milestones)

• 2020-02-05Complaint Filed/Proposed Order
• 2020-02-05Final Order Issued
• 2020-03-04Enforcement Action Data Entered