EPA v. TRADEBE TREATMENT AND RECYCLING OF TENNESSEE, LLC

Case summary

FEBRUARY 2, 2023 - CONSENT AGREEMENT On March 8 and 9, 2022, the EPA and the TDEC conducted a Compliance Evaluation Inspection (CEI) at Respondent's facility. The EPA's findings of the CEI were documented in a report electronically mailed to Respondent, dated May 19, 2022. At the time of the CEI, the EPA inspector observed that the Respondent was storing a hazardous waste in a 55-gallon container in Row 15 of Unit 217 of its permitted facility, which was partially crushed, and therefore, not in good condition. At the time of the CEI, the EPA inspector observed that the Respondent was storing five 55-gallon containers in Row 32 of Unit 217 and two 55-gallon containers in Row 7 of Unit 207, of hazardous waste that held free liquids in units designated for the storage of solids hazardous wastes only. At the time of the CEI, the EPA inspector observed that the Respondent was storing the land disposal restricted hazardous wastes in its permitted Facility for greater than one year, without demonstrating or documenting that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal: (a) Two 55-gallon containers in Row 32 of Unit 217 with accumulation start dates of February 9, 2021, and March 27, 2020; (b) One 55-gallon container in Row 36 of Unit 217 with an accumulation start date of February 24, 2021; (c) Two 55-gallon containers in the Wash Bay in Unit 204 with an accumulation start date ofJuly 30, 2020 and February 5, 2021; and (d) One 15-gallon and one 30-gallon containers in the C-Bay North area of Unit 204 with accumulation start dates of January 15, 2021, and February 7, 2021, respectively. At the time of the CEI, the EPA inspector observed that the Respondent was storing one 55-gallon container of hazardous waste in Row 36 of Unit 217 and 15 boxes of hazardous waste in Area C of Unit 207 without a label or date on the individual container or boxes of land disposal restricted hazardous waste. At the time of the CEI, the EPA inspector observed that the inlet valve on top of Respondent's hazardous waste Tank T-004, a tank using Tank Level 1 controls, in Unit 208, was open. At the time of the CEI, the EPA inspector observed that the Respondent was storing 5,225 gallons of hazardous waste within the D-Bay North of Unit 204 exceeding its 4,400 gallons storage capacity. At the time of the CEI, the EPA inspector determined through a review of the Facility's inbound trailer log that the Respondent had managed an inbound transport trailer of hazardous wastes at its Facility in excess of five (5) calendar days (January 11-17, 2022) in a transport area, an area northwest of Unit 204, before moving it to the receiving area for evaluation and/or receipt. At the time of the CEI, the EPA inspector observed that the Respondent was accumulating hazardous waste within three unlabeled five-gallon containers in a SAA within Unit 208. At the time of the March 8 and 9, 2022 CEI, the EPA observed that the Respondent was accumulating Universal Waste fluorescent bulbs in an area east of Unit 202 within open containers (one 4-foot tube and one cubic yard box).

Defendants (1)

• TRADEBE TREATMENT AND RECYCLING OF TENNESSEE, LLCNamed in complaintNamed in settlement

Facilities (2)

• TRADEBE TREATMENT & RECYCLING OF TENNESSEE LLC

  5485 VICTORY LN, MILLINGTON, TN, 38053

  Registry ID: 110000618911

• TRADEBE TREATMENT & RECYCLING OF TENNESSEE LLC

  5485 VICTORY LN, MILLINGTON, TN, 38053

  Registry ID: 110000618911

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)

• TRADEBE TREATMENT AND RECYCLING OF TENNESSEE, LLCentered 2023-02-02

  Primary law: RCRA

  Federal penalty: $38,236

Timeline (4 milestones)

• 2023-02-02Complaint Filed/Proposed Order
• 2023-02-02Final Order Issued
• 2023-02-16Enforcement Action Data Entered
• 2023-03-24Enforcement Action Closed