EPA v. METALLIX REFINING, INC.

Case summary

4/8/2020 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $33,750, DUE WITHIN 30 DAYS. ALLEGATIONS: EPA ALLEGES THAT RESPONDENT WAS STORING HAZARDOUS WASTE IN CONTAINERS THAT WERE NEITHER LABELED NOR MARKED WITH THE WORDS HAZARDOUS WASTE. EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 22-30-12(b) OF THE NCSWML, N.C.G.S. SECTION 130A-294(c) AND (g) (RCRA 3005) BY STORING HAZARDOUS WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN 15A NCAC 13A.0107 (2016) (40 CFR 262.34(a)(3) (2016), BY STORING HAZARDOUS WASTE IN CONTAINERS THAT WERE NEITHER MARKED NOR LABELS WITH THE WORDS HAZARDOUS WASTE. EPA ALLEGES THAT ON OCT 9, 2018, RESPONDENT SHIPPED HAZARDOUS WASTE OFF-SITE W/OUT A HAZARDOUS WASTE MANIFEST. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 15A NCAC 13A.0107 (40 CFR 262.20(a)(1) AND (3)), WHEN IT OFFERED FOR TRANSPORTATION, HAZARDOUS WASTE FOR OFF-SITE TREATMENT, STORAGE, OR DISPOSAL W/OUT PREPARING A MANIFEST (OMB CONTROL NUMBER 2050-0039) ON EPA FORM 8700-22 AND, IF NECESSARY, EPA FORM 8700-22A, OR AN ELECTRONIC MANIFEST. EPA ALLEGES THAT ON OCT 9, 2019, RESPONDENT SHIPPED HAZARDOUS WASTE OFF-SITE W/OUT AN LDR NOTIFICATION. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 15A NCAC 13A.0107 (40 CFR 268.7(a)(2)) BY FAILING TO SEND WITH THE INITIAL SHIPMENT OF A WASTE THAT DOES NOT MEET THE LDR TREATMENT STANDARDS, A ONE-TIME WRITTEN NOTICE THAT COMPLIES WITH THIS SECTION TO EACH TREATMENT, STORAGE, OR DISPOSAL FACILITY RECEIVING THE WASTE.

Defendants (1)

• METALLIX REFINING, INC.Named in complaintNamed in settlement

Facilities (1)

• METALLIX REFINING INC.

  251 INDUSTRIAL BLVD, GREENVILLE, NC, 27834

  Registry ID: 110072166710

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)

• METALLIX REFINING, INC.entered 2020-04-08

  Primary law: RCRA

  Federal penalty: $33,750

Timeline (3 milestones)

• 2020-04-08Complaint Filed/Proposed Order
• 2020-04-08Final Order Issued
• 2020-06-16Enforcement Action Data Entered