EPA v. PMC ORGANOMETALLIX, INC.

Case summary

SEPTEMBER 19, 2023 - CONSENT AGREEMENT On September 14 and 15, 2021, the EPA and KYDEP conducted a RCRA compliance evaluation inspection (CEI) at Respondents Facility. The EPA?s findings of the CEI were documented in a report electronically mailed to Respondent, dated November 10, 2021. Respondent had notified as a LQG of hazardous waste and a permitted hazardous waste treatment and storage facility. Respondent accumulates less than 5,000 kilograms of universal waste at any time and is therefore a SQHUW. The EPA inspectors observed that Respondent had failed to conduct a hazardous waste determination on the following four waste streams generated at the Facility: The inspectors observed an open 5-gallon hazardous waste container storing waste aerosol cans (D001) in the SAA near the Hydropulper. This container was not marked with the words ?Hazardous Waste,? and was also not marked with an indication of the hazards of the contents. The inspectors observed a 55-gallon hazardous waste accumulation container that did not appear to be in good condition, with a rusted lid. The inspectors observed a 55-gallon hazardous waste accumulation container of solvent-contaminated wipes and Tin Recovery System (TRS) personal protective equipment (PPE) that was not closed due to an improperly working drum lid in the Area B-12 CAA outside the Laboratory. A review of daily inspection logs revealed that Respondent failed to conduct daily inspections of the TK-1709 CAA Tank storing waste benzene (D018) on July 27, 2021, and July 28, 2021, and failed to include the date, time, and inspector?s name on documentation of the inspections conducted on August 30, 2021, and March 28, 2021. Additionally, the inspectors observed multiple areas of deterioration on the TK-1709 CAA Tank that were not included on inspection logs. The inspectors observed a 55-gallon hazardous waste accumulation container of Methyl Tin in the Area B-12 CAA that was not labeled with the words ?Hazardous Waste,? and was also not marked with an indication of the hazards of the contents of the container. Otherwise, this container was dated September 11, 2021. The inspectors observed that Respondent failed to maintain aisle space in the Building 39 (BD039) CAA. The inspectors observed four book-sized lead acid batteries outside of the locked Building 25 (BD025) universal waste storage room that were not labeled. The inspectors noted that Respondent failed to inform KYDEP that the computer database program required by the RCRA Permit for the tracking of waste generation, storage, and disposal, had not been operational for more than one year. A review of the available records revealed that Respondent failed to maintain electronic records for tracking the movement of all hazardous wastes at the Facility as part of its operating records, because the computer database program that maintains these records, had not been operational for over one year. The inspectors observed multiple cracks in the secondary containment near hazardous waste Tank TK-5210. The inspectors observed two 55-gallon drums of hazardous waste being stored on Permitted Container Storage Pad B-65, section 9S20, that were not in good condition, with bulging lids that were rusting. Additionally, the inspectors observed an open hazardous waste accumulation container with expelled waste accumulating on the partially closed bunghole.

Defendants (1)

• PMC ORGANOMETALLIX, INC.Named in complaintNamed in settlement

Facilities (6)

• PMC ORGANOMETALLIX INC

  2316 HIGHLAND AVE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX INC

  2316 HIGHLAND AVE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX INC

  2316 HIGHLAND AVE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX INC

  2316 HIGHLAND AVE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX INC

  2316 HIGHLAND AVE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX INC

  2316 HIGHLAND AVE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• PMC ORGANOMETALLIX, INC.entered 2023-09-19

  Primary law: RCRA

  Federal penalty: $689,900

Timeline (4 milestones)

• 2023-09-19Final Order Issued
• 2023-09-19Complaint Filed/Proposed Order
• 2023-09-27Enforcement Action Closed
• 2023-09-28Enforcement Action Data Entered