EPA v. P & L DEVELOPMENT, LLC

Case summary

SEPTEMBER 22, 2025 - CONSENT AGREEMENT On December 8, 2022, EPA and the South Carolina Department of Health and Environmental Control (DHEC) conducted a RCRA compliance evaluation inspection (CEI) at the Respondent?s Facility. On February 27, 2023, EPA mailed the Respondent an Opportunity to Show Cause Letter (Show Cause Letter) and a CEI Report documenting its findings from the December 8, 2022, CEI. On March 10, 2023, Respondent provided EPA a response to the Show Cause Letter and CEI Report. Inspectors observed solvent-contaminated wipes, which are used for cleaning the First Aid Lines machinery, left to dry on the counters before disposal. The inspectors identified the following CAAs: MON Storage Area CAA, MON Manufacturing CAA, QC Lab CAA, and Baghouse CAA. Inspectors observed one cubic yard tote of liquid/sludge nicotine waste with dried waste NPR on top of the tote; another cubic yard tote of liquid/sludge nicotine waste with accumulated NPR waste in the open funnel of the tote and in the secondary containment pallet of the tote in the MON Storage Area CAA. Inspectors observed one cubic yard tote containing liquid/sludge nicotine waste with a cap that was not securely closed and contained a hole, and another cubic yard tote containing liquid/sludge nicotine waste with an open funnel that was not securely closed and latched in the MON Storage Area CAA. Inspectors reviewed the Facility's hazardous waste CAA weekly inspection logs which showed that the Respondent did not perform weekly inspections at the following CAAs: QC Lab CAA, MON Manufacturing CAA, and the Baghouse CAA. Inspectors observed a closed, blue 55-gallon container of hazardous waste nicotine outside of the laboratory that had the incorrect indication of hazard for corrosive waste instead of an indication of the hazard for toxic waste. The inspectors also observed that the following containers of hazardous waste were not marked with an indication of the hazards of the contents. Inspectors observed spilled NPR waste in multiple areas. Inspectors reviewed the Facility's contingency plan which did not describe arrangements agreed to with the local emergency response entities; did not include an up-to-date list of emergency coordinators; and did not include a list of all emergency equipment at the Facility with a description of each of its capabilities, locations, and physical descriptions. Inspectors observed a closed, blue 55-gallon container of hazardous waste nicotine outside of the laboratory that had the incorrect indication of hazard for corrosive waste instead of an indication of the hazard for toxic waste. Inspectors also observed that the following containers of hazardous waste were not marked with an indication of the hazards of the contents. Inspectors observed spilled NPR waste in multiple areas, including the following: (a) on top of one cubic yard tote of liquid/sludge nicotine waste; (b) inside an open funnel of another cubic yard tote of liquid/sludge nicotine waste, and on the secondary containment pallet of the tote in the MON Storage CAA; (c) spilled powdered NPR waste and NPR pouches on the pallet beneath a tote by the storage rack shelves in the MON Storage CAA; (d) dry NPR powdered waste observed on top of the totes? covers, on the pallets beneath the totes; (e) on the floor surrounding the totes in the MON Manufacturing Area; (f) and in the area surrounding the 55-gallon containers under the baghouse dust collection system. Inspectors reviewed the Facility's contingency plan which did not describe arrangements agreed to with the local emergency response entities; did not include an up-to-date list of emergency coordinators. The Respondent consents to the payment of a civil penalty, in the amount of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS($175,000.00), which is to be paid within thirty (30) days of the effective date of this order.

Defendants (1)

• P & L DEVELOPMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• PL DEVELOPMENTS - TANK FARM

  513 OLD GRIFFIN RD, PIEDMONT, SC, 29673

  Registry ID: 110070205882

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)

• P & L DEVELOPMENT, LLCentered 2025-09-22

  Primary law: RCRA

  Federal penalty: $175,000

Timeline (4 milestones)

• 2025-09-22Final Order Issued
• 2025-09-22Complaint Filed/Proposed Order
• 2025-09-23Enforcement Action Data Entered
• 2025-12-10Enforcement Action Closed