EPA v. THE SHERWIN-WILLIAMS CO.

Case summary

AUGUST 29, 2022 - CONSENT AGREEMENT On February 27, 2020, the Respondent notified the Georgia Environmental Protection Division (GAEPD) of its status as a large quantity generator of hazardous waste. In this notification, the Respondent identified the generation of hazardous wastes. Respondent has maintained its LQG status at all times relevant to this CAFO. On January 22, 2021, the EPA contacted Respondent to inform it of the EPA's intent to complete a RCRA Virtual Evaluation (VE) and requested Respondent to provide a list of information and documentation necessary to complete the VE. On February 18, 2021, and March 5, 2021, the EPA received additional information from Respondent as part of its response to the VE. At the time of the VE, the inspectors were informed, and subsequent information confirmed that Tank 2053 was used to store C74, a material made with still bottoms and spent solvent. The unsold C74 was identified with EPA hazardous waste codes D00 I, F003, and FOOS. Respondent stored C74 in Tank 2053 for over three years prior to shipping it off-site without determining that the stored material was a solid or hazardous waste, complying with the hazardous waste storage requirements, or obtaining a permit. At the time of the VE, the inspectors observed that the Respondent failed to maintain tight-fitting or sealed lids that remain closed on the following containers holding hazardous waste.

Defendants (1)

• THE SHERWIN-WILLIAMS CO.Named in complaintNamed in settlement

Facilities (1)

• SHERWIN WILLIAMS COMPANY MORROW

  6795 S. MAIN ST., MORROW, GA, 30260

  Registry ID: 110000357284

Statutes cited

• RCRA 3008G — Penalty Authority
• RCRA 4005A — Solid Waste Management - Subtitle D
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3017 — Export of Hazardous Waste
• RCRA 3020 — Interim Control of Hazardous Waste Injection
• RCRA 3005G — RD&D Permits
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 3013 — Monitoring, Analysis, Testing
• RCRA 3005D — Revocation of Permit
• RCRA 3018D — Information Gathering & Enforcement Authority - Domestic Sewage
• RCRA 3007A — Inspection, Information Request
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005F — Reclamation Permit
• RCRA 3014 — Restrictions on Recycled Oil
• RCRA 3023 — Hazardous Waste Discharge to Federally Owned Treatment Works
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008C — Violation of Compliance Order
• RCRA 3007 — Record keeping, Inspection, Information Request
• RCRA 3004VU — TSD Corrective Action
• …and 3 more

Enforcement conclusions (1)

• THE SHERWIN-WILLIAMS CO.entered 2022-08-29

  Primary law: RCRA

  Federal penalty: $145,000

Timeline (3 milestones)

• 2022-08-29Complaint Filed/Proposed Order
• 2022-08-29Final Order Issued
• 2022-09-19Enforcement Action Data Entered