EPA v. SHEBOYGAN PAINT COMPANY

Case summary

5/21/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 74,100. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON MAY 31, 2023, THE EPA AND THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION (GAEPD) CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT?S FACILITY. THE EPA DOCUMENTED THE FOLLOWING FINDINGS IN ITS CEI REPORT MAILED TO THE RESPONDENT ON AUGUST 2, 2023. THE EPA ALLEGES RESPONDENT STORED HAZARDOUS WASTE (HW) WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT: - DID NOT MEET THE CONDITIONS OF SOLVENT-CONTAMINATED DISPOSABLE WIPE EXCLUSION. - FAILED TO MANAGE CONTAINERS OF HW NEAR THE BAGHOUSE AND PREMIX AREA AT OR NEAR THE POINT OF GENERATION AND UNDER THE CONTROL OF THE OPERATOR OF THE PROCESS GENERATING THE WASTE. - FAILED TO KEEP CONTAINERS OF HW CLOSED AT ALL TIMES DURING ACCUMULATION, EXCEPT WHEN ADDING, REMOVING, OR CONSOLIDATING WASTE. - FAILURE TO MARK OR LABEL CONTAINERS WITH THE WORDS ?HAZARDOUS WASTE.? - FAILED TO MARK OR LABEL CONTAINERS WITH INDICATIONS OF THE HAZARDS OF THE CONTENTS. - FAILED TO MEET SPECIFIED CONDITIONS OF THE LQG PERMIT EXEMPTION. - FAILED TO MARK OR LABEL CONTAINERS OF HAZARDOUS WASTE WITH AN ACCUMULATION START DATE. THE EPA FURTHER ALLEGES THAT RESPONDENT: - FAILED TO MAKE AN ACCURATE HAZARDOUS WASTE (HW) DETERMINATION FOR SPECIFIED WASTE. - FAILED TO MAINTAIN RECORDS SUPPORTING HW DETERMINATIONS. - FAILED TO PROVIDE JOB DESCRIPTIONS FOR EMPLOYEES HANDLING HAZARDOUS WASTE, WRITTEN DESCRIPTIONS OF THE TYPE AND AMOUNT OF BOTH INTRODUCTORY AND CONTINUING TRAINING TO BE GIVEN TO EACH PERSON FILLING THE POSITIONS, AND TRAINING RECORDS. - FAILED TO MANAGE SPENT UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTS RELEASES OF ANY UNIVERSAL WASTE OR COMPONENT OF A UNIVERSAL WASTE TO THE ENVIRONMENT. - FAILED TO PROPERLY LABEL OR MARK EACH FLUORESCENT LAMP OR CONTAINER OF LAMPS CLEARLY. - FAILED TO DEMONSTRATE THE LENGTH OF TIME THAT THE FACILITY?S UNIVERSAL WASTE HAD BEEN ACCUMULATED FROM THE DATE THAT THE UNIVERSAL WASTE BECAME A WASTE OR WAS RECEIVED.

Defendants (1)

• SHEBOYGAN PAINT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SHEBOYGAN PAINT CO

  608 CANAL ST., CEDARTOWN, GA, 30125

  Registry ID: 110000356490

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)

• SHEBOYGAN PAINT COMPANYentered 2024-05-21

  Primary law: RCRA

  Federal penalty: $74,100

Timeline (4 milestones)

• 2024-05-21Final Order Issued
• 2024-05-21Complaint Filed/Proposed Order
• 2024-06-03Enforcement Action Closed
• 2024-06-13Enforcement Action Data Entered