EPA v. THE SHERWIN WILLIAMS COMPANY

Case summary

MAY 21, 2025 - CONSENT AGREEMENT On March 21, 2023, the EPA and the FDEP conducted a compliance evaluation inspection (CEI). EPA?s findings of the CEI were documented in a Report that was EPA observed one open 55-gallon container of hazardous waste paint liquid in one of the Repour Room SAAs. The Respondent was not actively adding, removing, or consolidating waste in the open container. EPA observed one 55-gallon container of hazardous waste paint liquid, one 55-gallon container of hazardous waste paint solid, and one 55-gallon container of hazardous waste liquid from punctured aerosol cans in the Repour Room SAAs. None of these containers were marked or labeled. EPA observed that the Respondent had exceeded the maximum allowable 90-day accumulation time limit for two 55-gallon containers of hazardous waste, which were each marked with the accumulation start date of December 6, 2022, in the Central Accumulation Area. EPA observed one lead-acid battery, which was not in good condition and was leaking, in the Sit-down Equipment Battery Area near the Central Accumulation Area and two lead-acid batteries, which were not in good condition and were leaking, in the Sit-down Equipment Battery Area near the Facility Maintenance Shop. EPA observed one open, undated 30-gallon container, which was labeled with the words hazardous waste, in the Repour Room. The Respondent stated that the 10 to 15 gallons of waste spill material observed inside the container was returned to Respondent by a courier from the cleanup of a spill during transport. EPA observed one 30-gallon container, which was labeled with the words hazardous waste and was accumulating 10 to 15-gallons of waste spill material, in the Repour Room, and 17 55-gallon containers, which were storing toxic hazardous waste, in the Central Accumulation Area. EPA observed that the Respondent?s quick reference guide to the contingency plan did not include a map of the Facility showing where hazardous wastes are generated, accumulated, and treated and routes for accessing these wastes. EPA observed that the individual who was identified in the contingency plan as the Emergency Coordinator had not been employed at the Facility since the summer of calendar year 2022, and that the Respondent had not amended the contingency plan when the list of emergency coordinators changed. EPA observed that the Respondent failed to provide records that employees filling positions at the Facility related to hazardous waste management had successfully completed a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in a way that ensures compliance. EPA observed that the Respondent failed to provide the job title for each position at the Facility related to hazardous waste management, and the name of the employee filling each job. EPA observed that the Respondent failed to provide a written job description for each position at the Facility related to hazardous waste management. The inspectors observed 28 batteries with the product label four batteries with the product label, and six small security system batteries in the Central Accumulation Area, and two GEL batteries in the Trailer Maintenance Shop that were not labeled or marked. The inspectors observed 20 55-gallon containers stored in the Central Accumulation Area without adequate aisle space to allow for inspection of the condition and labels of the individual containers. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of TWO HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($213,750.00), which is to be paid within 30 days of the Effective Date of this CAFO.

Defendants (1)

• THE SHERWIN WILLIAMS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE SHERWIN-WILLIAMS COMPANY - WINTER HAVEN DSC

  400 WINTER HAVEN BOULEVARD, WINTER HAVEN, FL, 33881-9431

  Registry ID: 110000525762

Statutes cited

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

Enforcement conclusions (1)

• THE SHERWIN WILLIAMS COMPANYentered 2025-05-21

  Primary law: RCRA

  Federal penalty: $213,750

Timeline (4 milestones)

• 2025-05-21Complaint Filed/Proposed Order
• 2025-05-21Final Order Issued
• 2025-06-10Enforcement Action Data Entered
• 2025-06-20Enforcement Action Closed