EPA v. TAV HOLDINGS, INC.

Case summary

JANUARY 10, 2022: 7003(a) ADMINISTRATIVE ORDER - On October 6, 2021, inspectors from the EPA Region 4 and GAEPD Land Protection Branch (LPB), conducted a RCRA Hazardous Waste Compliance Evaluation Inspection (CEI) at the Facility to determine Respondent TAV?s compliance status with RCRA and the Georgia Hazardous Waste Management Act (GHWMA). The inspectors observed ASR waste in the Receiving Area being stored in open piles that are exposed to weather elements. The area had received rainfall in the days prior to the October 6, 2021, inspection and the ASR waste piles were wet. Water contaminated with small particles was observed to be pooling on the asphalt area immediately east of the Receiving Area, also known as the Jig Pad Area.The inspectors observed numerous piles of ASR waste in various stages of processing being stored outside. Some of these piles were of ASR waste that had been reduced in particle size to a dust-like material. The inspectors observed that the materialeasily became airborne during transportation activities. Both employees and pedestrians were observed in areas where transportation activities were occurring. The inspectors observed holes in the roof and inadequate containment of process water, stormwater, and/or wastewater in the Keebler Building, which allowed the comingling of process water, stormwater, and/or wastewater. The inspectors observed employees sweeping the combined process water, stormwater, and/or wastewater out of the Keebler Building onto the ground where it flows uncontained from south to north and collects in the Jig Pad Area.The inspectors observed storage/staging areas for in-process ASR waste or other waste material in the Keebler Building at the Facility exposed to the uncontrolled overflow of process water,stormwater, and/or wastewater due to improper storage and containment of material . Employees work in areas of the Facility where process water, wastewater, and/or stormwater are uncontained and actively flowing. These employees may encounter uncontained sludge, process intermediates, and wastewater during the course of their workday. The inspectors observed that the clarifier (a settling basin) and tanks in the WWT Area were overflowing. The presence and condition of secondary containment in the WWT Area could not be determined or properly inspected due to the unsafe conditions present. The inspectors observed exposed equipment, including moving gears and belts, and electrical components. The inspectors observed overflowing tanks, as well as a thick accumulation of sludge on the surface of the ground. The inspectors observed that the only staff wearing respiratory protection was laboratory staff, who were wearing half-face respirators. The inspectors asked the laboratory staff about their use of respiratory protection. The staff informed inspectors that they had determined that it was in their best interest to wear respiratory protection in the lab due to the levels of lead in the material that may become airborne in the laboratory.The inspectors observed sludge-like material migrating from the Keebler Complex, through the WWT Area and the unnamed tributary of the South River.The inspectors observed that the settlement basin at Outfall 003 was completely full of sludge or sedimentand was releasing directly to the land and the unnamed tributary of the South River.

Defendants (5)

• Rajpoot Property, IncNamed in complaintNamed in settlement
• Empire Development LLCNamed in complaintNamed in settlement
• TAV Hollow Tree Lane LLCNamed in complaintNamed in settlement
• TAV Holdings, Inc.Named in complaintNamed in settlement
• Carolyn Empire LLCNamed in complaintNamed in settlement

Facilities (1)

• KEEBLER CO ATLANTA BAKERY

  111 HOLLOW TREE LN., ATLANTA, GA, 30354-2600

  Registry ID: 110070013685

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)

• TAV HOLDINGS, INC.entered 2022-01-10

  Primary law: RCRA

Timeline (2 milestones)

• 2022-01-10Final Order Issued
• 2022-01-21Enforcement Action Data Entered