EPA v. DHL EXPRESS (USA), INC.

Case summary

4/13/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: MULTIPLE VIOLATION OF RCRA. 58. Respondent is a used oil generator as defined in 401 Ky. Admin. Regs. 39:080 Section 4(1) [40 C.F.R. ? 279.1). 59. Respondent failed to keep containers of hazardous waste in the SAA located in the maintenance building closed at all times during accumulation except when adding, removing or consolidating waste. The EPA therefore alleges Respondent violated KRS 224.46-520(1) [Section 3005 of RCRA, 42 U.S.C. ? 6925] by storing hazardous waste without a permit or an interim status, because Respondent failed to keep its containers of hazardous waste closed at all times in accordance with 401 Ky. Admin. Regs. 39:080 Section 1(1) [40 C.F.R. ? 262.15(a)(4)] which is a condition of the SAA Permit Exemption. 60. Respondent failed to mark containers in a SAA with the words Hazardous Waste and indication of the hazards of the contents of the containers. The EPA therefore alleges Respondent violated KRS 224.46-520(1) [Section 3005 ofRCRA, 42 U.S.C. ? 6925] by storing hazardous waste without a permit or an interim status because Respondent failed to comply with the marking and labeling requirement in 401 Ky. Admin. Regs. 39:080 Section 1(1) [40 C.F.R. ? 262.15(a)(5)], which is a condition of the SAA Permit Exemption.

Defendants (1)

• DHL EXPRESS (USA, INC.Named in complaintNamed in settlement

Facilities (1)

• DHL EXPRESS

  236 WENDELL H. FORD BLVD, ERLANGER, KY, 41018-1272

  Registry ID: 110016720020

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)

• DHL EXPRESS (USA), INC.entered 2020-04-13

  Primary law: RCRA

  Federal penalty: $20,900

Timeline (4 milestones)

• 2020-04-13Final Order Issued
• 2020-04-13Complaint Filed/Proposed Order
• 2020-04-24Enforcement Action Data Entered
• 2020-07-07Enforcement Action Closed