EPA v. MANKIEWICZ COATINGS LLC

Case summary

SEPTEMBER 12, 2023 - CONSENT AGREEMENT On January 1, 2021, the Respondent notified the South Carolina Department of Health and Environmental Control (SCDHEC) as a LQG of hazardous waste. Hazardous wastes identified within the Respondent's notification included D001 (ignitable), D005 (barium), and D007 (chromium) characteristic and F003 and F005 listed hazardous wastes. On December 15, 2022, the EPA and SCDHEC conducted a compliance evaluation inspection (CEI) at the Respondent's Facility. The EPA?s findings of the CEI were documented in a report emailed to the Respondent on January 31, 2023. The inspectors observed that the Respondent had failed to mark each of the following containers of hazardous waste within SAAs with the words Hazardous Waste : one 55-gallon container in the Scratch-On Production Area, and one 55-gallon container in the Hardener/Thinner Production Area. The inspectors observed that the Respondent had failed to mark each of the following containers of hazardous waste within SAAs with an indication of the hazard of its contents: one 55-gallon container in the Scratch-On Production Area, and one 55-gallon container in the Hardener/Thinner Production Area. The inspectors observed one open 55-gallon container of hazardous waste within the Hardener/Thinner Production Area SAA. The inspectors observed 24 containers of hazardous waste within the CAA in the Cleaning Area that had exceeded 90 days of accumulation. The inspectors observed 30 55-gallon containers of hazardous waste within the CAA in the Cleaning Area that the Respondent had failed to mark with the words Hazardous Waste. The inspectors observed one 55-gallon container of hazardous waste within the CAA in the Metallic Area and 34 55-gallon containers of hazardous waste within the CAA in the Cleaning Area that the Respondent had failed to label with an indication of the hazards of the contents. The inspectors observed one 275-gallon tote, 60 55-gallon containers, and one 15-gallon container of hazardous waste within the CAA in the Cleaning Area and one 55-gallon container of hazardous waste within the CAA in the Metallic Area that the Respondent had failed to mark with accumulation start dates. The inspectors observed nine open 55-gallon containers within the CAA in the Facility's Cleaning Area and one open 55-gallon container within the CAA in the Metallic Area. The inspectors observed five bulging 55-gallon containers, in poor condition, within the CAA in the Cleaning Area. The inspectors found that hazardous waste training records existed for only one of the Respondent?s employees in the Order Clearing Department, and that the Respondent failed to provide hazardous waste training to additional personnel filling positions at the Facility related to hazardous waste management. The inspectors also found that Respondent failed to maintain records of job titles for each position at the Facility related to hazardous waste management and the names of personnel, the job descriptions, and the type and amount of training required for personnel filling those jobs. The inspectors found that the weekly inspection logs for the Respondent's CAA in the Cleaning Area did not identify leaking containers and deterioration of containers caused by corrosion or other factors. At the time of the CEI, the inspectors found that a weekly inspection for containers in the Metallic Area had not been performed following their generation on December 1, 2022.

Defendants (1)

• MANKIEWICZ COATINGS, LLCNamed in complaintNamed in settlement

Facilities (1)

• MANKIEWICZ COATINGS, LLC

  1200 CHARLESTON REGIONAL PARKWAY, CHARLESTON, SC, 29492

  Registry ID: 110069457652

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)

• MANKIEWICZ COATINGS LLCentered 2023-09-12

  Primary law: RCRA

  Federal penalty: $225,000

Timeline (3 milestones)

• 2023-09-12Final Order Issued
• 2023-09-12Complaint Filed/Proposed Order
• 2023-09-15Enforcement Action Data Entered