EPA v. MACLEAN POWER YORK, LLC

Case summary

9/11/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $86,881. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON MAY 19, 2022, THE EPA AND THE SCDHEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT?S FACILITY. THE EPA ALLEGES RESPONDENT MANAGED CONTAINERS OF HAZARDOUS WASTE (?WASTE?) WHICH AT THE TIME OF CEI VIOLATED SECTION 44-56-60(A)(2) AND (B) OF THE SCHWMA, S.C. CODE ANN. . ? 44-56-60(A)(2) AND (B) [SECTION 3005 OF RCRA, 42 U.S.C. . ? 6925] BY STORING WASTE WITHOUT A PERMIT OR INTERIM STATUS AND AS A CONDITION OF ITS SAA OR LQG PERMIT EXEMPTIONS. RESPONDENT FAILED TO: 81. KEEP ITS CONTAINERS OF WASTE CLOSED, IN SAAS; 82. MARK OR LABEL CONTAINERS OF WASTE WITH THE WORDS ?HAZARDOUS WASTE? AND WITH AN INDICATION OF THE HAZARD OF THE CONTENTS; 83. MARK OR LABEL CONTAINERS OF WASTE WITH THE WORDS ?HAZARDOUS WASTE,? WITH AN INDICATION OF THE HAZARD OF THE CONTENTS; AND WITH THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS CLEARLY VISIBLE FOR INSPECTION, IN THE CAA; 84. INCLUDE INSPECTION RECORDS CONDUCTED DURING CALENDAR YEAR 2019 OR JANUARY THROUGH JULY OF CALENDAR YEAR 2020 AND CONDUCT WEEKLY INSPECTIONS OF THE; 85. CONSPICUOUSLY PLACE ?NO SMOKING? SIGNS WHEREVER THERE IS A HAZARD FROM IGNITABLE OR REACTIVE; 86. EQUIP AN AREA WHERE WASTE IS ACCUMULATED ONSITE WITH DECONTAMINATION; 87. INCLUDE THE LOCATION OF EACH ITEM ON THE LIST OF EMERGENCY EQUIPMENT AT THE FACILITY AND DESCRIBE ARRANGEMENTS AGREED TO WITH THE LOCAL POLICE DEPARTMENT; 88-89. SUBMIT A COPY OF THE CONTINGENCY PLAN AND ALL REVISIONS AND QUICK REFERENCE GUIDE TO ALL LOCAL EMERGENCY RESPONDERS; 90. ENSURE THE FACILITY PERSONNEL SUCCESSFULLY COMPLETE A PROGRAM OF CLASSROOM INSTRUCTION, ONLINE TRAINING, OR ON-THE-JOB TRAINING TO PERFORM THEIR DUTIES TO ENSURE COMPLIANCE WITHIN 6 MONTHS AFTER THE DATE OF THEIR EMPLOYMENT OR ASSIGNMENT TO A FACILITY; 91. TO MAINTAIN THE FOLLOWING DOCUMENTS AND RECORDS AT THE FACILITY: (Q) THE JOB TITILE FOR EACH POSITION AT THE FACILITY RELATED TO WASTE MANAGEMENT AND NAME OF THE EMPLOYEE FILLING EACH JOB; (B) A WRITTEN JOB DESCRIPTION FOR EACH POSITION RELATED TO WASTE MANAGEMENT; (C) A WRITTEN DESCRIPTION OF THE TYPE AND AMOUNT OF BOTH INTRODUCTORY AND WASTE MANAGEMENT; AND (D) RECORDS THAT DOCUMENT THAT THE TRAINING OR JOB EXPERIENCE, REQUIRED IN THIS SECTION, HAS BEEN GIVEN TO, AND COMPLETED BY. IN ADDITION, THE EPA ALLEGES VIOLATIONS OF: 92. S.C. CODE ANN. REGS 61-79.262.41 [40 C.F.R. ? 262.41] BY SHIPPING WASTE OFF-SITE TO A TSD FACILITY WITHIN THE U.S., AND FAILING TO PREPARE, NO LATER THAN 30 DAYS AFTER THE END OF THE CALENDAR QUARTER, SUBMIT A WRITTEN REPORT TO THE SCDHEC; 93. S.C. CODE ANN. REGS 61-79.262.11(B) [40 C.F.R. ? 262.11(B)] BY FAILING TO MAKE AN ACCURATE WASTE DETERMINATION ON A SOLD WASTE THAT IS NOT EXCLUDED FROM REGULATION UNDER THE SOLVENT-CONTAMINATED REUSABLE WIPE EXCLUSION BECAUSE SOLVENT-CONTAMINATED WIPES WERE STORED IN AN UNLABELED CONTAINER THAT WAS NOT CLOSED; 94. S.C. CODE ANN. REGS 61-79.262.11(B) [40 C.F.R. ? 262.11(B)] BY FAILING TO MAKE AN ACCURATE WASTE DETERMINATION ON A SOLD WASTE THAT IS NOT EXCLUDED FROM REGULATION UNDER THE SOLVENT-CONTAMINATED REUSABLE WIPE EXCLUSION BECAUSE RESPONDENT DID NOT MAINTAIN A DESCRIPTION OF THE PROCESS TO ENSURE FOR SOLVENT-CONTAMINATED WIPES BEING TRANSPORTED OFF-SITE FOR DISPOSAL; 95. S.C. CODE ANN. REGS 61-79.273.13(D)(1) [40 C.F.R. ? 273.13(D)(1)] BY FAILING TO CONTAIN UNIVERSAL WASTE LAMPS IN CONTAINERS OR PACKAGES THAT REMAIN CLOSED; 96. S.C. CODE ANN. REGS 61-79.273.14? [40 C.F.R. ? 273.14?] BY FAILING TO LABEL OR MARK A CONTAINER IN WHICH UNIVERSAL WASTE LAMPS ARE CONTAINED CLEARLY WITH APPROPRIATE IDENTIFIABLE PHRASES; 97. S.C. CODE ANN. REGS 61-79.273.15(C) [40 C.F.R. ? 273.15?] BY ACCUMULATING UNIVERSAL WASTE WITHOUT BEING ABLE TO DEMONSTRATE THE LENGTH OF TIME IT HAS BEEN ACCUMULATED FROM THE DATE IT BECAME WASTE.

Defendants (1)

• MACLEAN POWER YORK, LLCNamed in complaintNamed in settlement

Facilities (2)

• MACLEAN POWER SYSTEMS YORK

  7801 PARKPLACE ROAD, YORK, SC, 29745-7414

  Registry ID: 110000854512

• MACLEAN POWER SYSTEMS YORK

  7801 PARKPLACE ROAD, YORK, SC, 29745-7414

  Registry ID: 110000854512

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• MACLEAN POWER YORK, LLCentered 2023-09-11

  Primary law: RCRA

  Federal penalty: $86,881

Timeline (3 milestones)

• 2023-09-11Complaint Filed/Proposed Order
• 2023-09-11Final Order Issued
• 2023-09-21Enforcement Action Data Entered