EPA v. AES ASSET ACQUISITION CORPORATION D/B/A CLEAN EARTH OF CALVERT CITY

Case summary

July 1, 2025 - CONSENT AGREEMENT On November 29 and 30, 2022, the EPA and KDEP conducted a RCRA Compliance Evaluation Inspection (CEI) at the Respondent's Facility. On February 10,2023, the EPA emailed the Respondent an Opportunity to Show Cause letter and a CEI Report documenting its observations from the CEI. The inspectors observed that one (1) hazardous waste container was not marked with an indication of the hazards of the contents in the SAA underneath the Baghouse behind Building 3. The inspectors observed that one (1) roll-off container storing hazardous waste, which was located outside in the central accumulation area (CAA), was covered with a ripped tarp and, therefore, open. The inspectors observed that one (1) roll-off container was holding hazardous waste and was not labeled with the words Hazardous Waste or with an indication of the hazards of the contents outside in the CAA adjacent to Building 3. The inspectors observed that seven (7) roll-off containers were storing hazardous waste and were not marked with the accumulation start date outside in the CAA. The inspectors observed that hazardous waste leaked from at least one (1) roll-off container, which was marked with an indication of the hazards of the contents and had a hazardous waste label on it, onto the gravel area outside in the CAA. The inspectors observed a lack of adequate aisle space between multiple roll-off containers storing hazardous outside in the CAA. The inspectors observed that the Facility's Contingency Plan had not been updated to include the correct emergency coordinator. Inspectors observed that an employee who no longer worked for the Respondent was still listed as the emergency coordinator. The inspectors observed that the Facility's Contingency Plan was not up-to-date. The inspectors determined that a copy of the Contingency Plan and the QRG had not been submitted to the local authorities. The inspectors determined that the Contingency Plan had not been amended to include changes to the emergency coordinators, additions to the emergency equipment list, procedures for responding to tank spills and leakage, and revisions to the QRG. The inspectors observed multiple rows of containers of universal waste batteries that were wrapped in shrink wrap or duct tape in the CSA. The universal waste batteries were not labeled. The inspectors observed the following hazardous waste containers, which were storing hazardous waste not yet processed, outside of the permitted CSAs: a. twelve (12) containers located on gravel and paved areas. b. containers of consolidated liquid hazardous waste in the parking area; and c. multiple containers of hazardous waste staged beside the three (3) non-hazardous waste tanks. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of TWO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS ($227,000.00), which is to be paid within thirty (30) days of the Effective Date of this CAFO.

Defendants (2)

• Clean Earth of Calvert CityNamed in complaintNamed in settlement
• AES Asset Acquisition CorporationNamed in complaintNamed in settlement

Facilities (1)

• CLEAN EARTH OF CALVERT CITY

  1689 SHAR CAL RD, CALVERT CITY, KY, 42029

  Registry ID: 110016951262

Statutes cited

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

Enforcement conclusions (1)

• AES ASSET ACQUISITION CORPORATION D/B/A CLEAN EARTH OF CALVERT CITYentered 2025-07-01

  Primary law: RCRA

  Federal penalty: $227,000 · SEP: $846,014

Timeline (4 milestones)

• 2025-07-01Complaint Filed/Proposed Order
• 2025-07-01Final Order Issued
• 2025-07-30Enforcement Action Data Entered
• 2026-04-10Enforcement Action Closed