EPA v. CHEMICAL WASTE MANAGEMENT, INC

Case summary

5/23/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $68,699. PENALTY TO BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON MAY 2, 2023, REPRESENTATIVES OF THE EPA AND THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM), ACTING IN ITS CAPACITY AS AN AUTHORIZED AGENT OF THE EPA, CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY PURSUANT TO SECTION 11 OF TSCA, 15 U.S.C. ? 2610, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGULATIONS AND THE SEPTEMBER 18, 2020, APPROVAL AND THE CONDITIONS SET FORTH THEREIN. DUE TO OBSERVATIONS DURING THE INSPECTIONS, THE EPA ALLEGES: - RESPONDENT FAILED TO STORE PCB ITEMS AND PCB CONTAINERS IN AN EASILY IDENTIFIABLE AND READABLE MANNER IN VIOLATION OF 40 C.F.R. ?761.40(H), APPROVAL CONDITIONS C.4(B), C.S(B), AND C.S(C), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO LABEL PCB ITEMS AND PCB CONTAINERS WITH THE APPROPRIATE PCB ML MARK IN VIOLATION OF 40 C.F.R. ?761.40(A), APPROVAL CONDITION C.4(A), AND SECTION 15 OFTSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO MARK OR CORRECTLY MARK PCB ITEMS AND PCB CONTAINERS WITH THE REMOVED FROM SERVICE DATES FOR DISPOSAL IN VIOLATION OF 40 C.F.R. ? 761.6S(C)(8), APPROVAL CONDITION C.4(B), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO MEET THE 1-YEAR DISPOSAL LIMIT FOR PCBS AND PCB ITEMS IN VIOLATION OF 40 C.F.R. ? 761.65(A)(1), APPROVAL CONDITION C.4(C), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO FILE A ONE-YEAR EXCEPTION REPORT TO THE EPA FOR PCBS AND PCB ITEMS IN VIOLATION OF 40 C.F.R. ? 761.219(A)(1), APPROVAL CONDITION K.4(H), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - THE EPA ALLEGES THAT RESPONDENT FAILED TO MAINTAIN A COMPLETE AND ACCURATE PCB WASTE INVENTORY IN VIOLATION OF APPROVAL CONDITION K.2 AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.

Defendants (1)

• CHEMICAL WASTE MANAGEMENT, INCNamed in complaintNamed in settlement

Facilities (1)

• CHEMICAL WASTE MANAGEMENT

  AL HIGHWAY 17 NORTH, MILEMARKER 163, EMELLE, AL, 35459

  Registry ID: 110000493074

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CHEMICAL WASTE MANAGEMENT, INCentered 2024-05-23

  Primary law: TSCA

  Federal penalty: $68,699

Timeline (4 milestones)

• 2024-05-23Final Order Issued
• 2024-05-23Complaint Filed/Proposed Order
• 2024-06-20Enforcement Action Closed
• 2024-07-12Enforcement Action Data Entered