EPA v. CONTINENTAL CAN

Case summary

RESPONDENT OWNS AND OPERATES A FACILITY AT 4300 N. PORT WASHINGTON ROAD IN MILWAUKEE, WISCONSIN. RESPONDENT IS A WISCONSIN CORPORATION WHOSE REGISTERED AGENT IS CT CORPORA- TION SYSTEM, 222 W. WASHINGTON, MADISON, WISCONSIN, 53703. ON OR AFTER JULY 21, 1981, RESPONDENT BURNED SPENT SOL- VENTS IN A HEAT RECOVERY BOILER, INLCUDING METHYL ETHYL KETONE AND TOLUENE (HAZARDOUS WASTE CODE F005); AND N-BUTYL ALCOHOL, XYLENE, CYCLOHEXANONE, METHYL ISOBUTYL KETONE AND ETHYL BENZENE, (HAZARDOUS WASTE CODE F003) WHICH HAVE BEEN IDENTIFIED OR LISTED IN NR 181.16(2) AS HAZARDOUS WASTES. REGULATION NR 181.12 STATES THAT ANY SOLID WASTE GENERATED FROM THE TREATMENT, STORAGE, OR DISPOSAL OF A HAZARDOUS WASTE INCLUDING ANY ASH IS A HAZARDOUS WASTE. AT THE TIME OF THE SEPTEMBER 28, 1983, SITE INSPECTION, SOLID WASTE ASH GENERATED FROM THE BURNING OF HAZARDOUS WASTE IN THE HEAT RECOVERY BOILER WAS NOT MANIFESTED AS HAZARDOUS WASTE. REGULATION NR 181.12(3)(B) STATES THAT ANY WASTE DESCRIBED IN NR 181.12(1)(B)(4) THAT IS LISTED UNDER NR 181.16, OR CONTAINING A WASTE LISTED UNDER NR 181.16 IS NOT A HAZARDOUS WASTE IF IT HAS BEEN EXCLUDED UNDER 40 CFR 260.20(C) AND 260.22. UNLESS AND UNTIL THE CRITERIA OF NR 181.12 ARE MET, A HAZARDOUS WASTE SHALL REMAIN A HAZARDOUS WASTE UNDER NR 181.12(3). AS OF THIS DATE, THE RESPONDENT HAS NOT SOUGHT EXCLUSION FOR THE ASH UNDER 40 CFR 260.20(C) AND 260.22. UNDER NR 181.22, THE GENERATOR MUST DETERMINE IF A SOLID WASTE IS A HAZARDOUS WASTE. ON SEPTEMBER 28, 1983, FEBRUA- RY 28, 1984 AND ON APRIL 2, 1984, RESPONDENT WAS ADVISED BY U.S. EPA THAT ITS ASH WHICH WAS BEING DISPOSED OF AS NON-HAZARDOUS, SHOULD BE EVALUATED TO DETERMINE WHETHER IT IS A HAZARDOUS WASTE. RESPONDENT HAS NOT MANIFESTED ITS ASH AS HAZARDOUS WASTE. RESPONDENT'S FAILURE TO MANIFEST ITS ASH AS HAZARDOUS WASTE, INDICATES THAT IT HAS NOT MADE A PROPER DETERMINATION UNDER NR 181.22. REGULATION NR 181.23(2) ESTABLISHES REQUIREMENTS REGARDING THE INFORMATION WHICH MUST BE CONTAINED ON THE MANIFEST AND PROCEDURES FOR HANDLING THE MANIFEST. BY FAILING TO MANAGE ITS ASH AS A HAZARDOUS WASTE, RESPONDENT VIOLATED THOSE RE- QUIREMENTS PERTINENT TO MANIFESTING INCLUDING: FAILURE TO SPECIFY A DESIGNATED FACILITY AND ALTERNATE TO HANDLE WASTE; FAILURE TO FILL OUT THE REQUIRED INFORMATION ON THE MANIFEST FORM; FAILURE TO PREPARE A SUFFICIENT NUMBER OF COPIES OF THE MANIFEST; AND FAILURE TO ADHERE TO STANDARDS GOVERNING THE USE OF THE MANIFEST SYSTEM THROUGHT THE CHAIN OF COMMAND LEADING TO DISPOSAL OF HAZARDOUS WASTE. REGULATION NR 181.26(1) STATES THAT BEFORE TRANSPORTING HAZARDOUS WASTE OR OFFERING HAZARDOUS WASTE FOR TRANSPORTA- TION OFF-SITE, A GENERATOR MUST PACKAGE THE WASTE IN ACCORD- ANCE WITH THE APPLICABLE UNITED STATES DEPARTMENT OF TRANS- PORTATION (U.S. DOT) REGULATIONS ON PACKAGING UNDER 49 CFR PARTS 173, 178, AND 179. RESPONDENT HAS NOT PACKAGED ITS ASH GENERATED FROM BURNING OF F003 AND F005 HAZARDOUS WASTES IN ACCORDANCE WITH THIS REGULATION. THEREFORE, RESPONDENT VIOLATED NR 181.26(1). REGULATION NR 181.26(2) STATES THAT BEFORE TRANSPORTING OR OFFERING HAZARDOUS WASTE FOR TRANSPORTATION OFF-SITE, A GENERATOR MUST LABEL EACH PACKAGE IN ACCORDANCE WITH THE APPLICABLE U.S. DOT REGULATIONS ON HAZARDOUS MATERIALS UNDER 40 CFR 172. RESPONDENT HAS NOT PROPERLY LABELED ITS ASH GENERATED FROM THE BURNING F003 AND F005 HAZARDOUS WASTES. THEREFORE, RESPONDENT VIOLATED NR 181.26(2). REGULATION NR 181.26(3) STATES THAT BEFORE TRANSPORTING HAZARDOUS WASTE FOR TRANSPORTATION OFF-SITE, A GENERATOR MUST MARK EACH PACKAGE IN ACCORDANCE WITH THE REQUIREMENTS OF 40 CFR 172 AND EACH CONTAINER OF 110 GALLONS OR LESS USED IN SUCH TRANSPORTATION WITH THE FOLLOWING WORDS AND INFORMA- TION DISPLAYED IN ACCORDANCE WITH T

Defendants (1)

• CONTINENTAL CANNamed in complaintNamed in settlement

Facilities (2)

• GLENDALE TECHNICAL CENTER/E 24AC PARCEL

  4300 N PORT WASHINGTON ROAD, GLENDALE, WI, 53212

  Registry ID: 110009455687

• GLENDALE TECHNICAL CENTER/E 24AC PARCEL

  4300 N PORT WASHINGTON ROAD, GLENDALE, WI, 53212

  Registry ID: 110009455687

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• CONTINENTAL CAN

  Primary law: RCRA

  Federal penalty: $23,000

Timeline (4 milestones)

• 1984-09-10Enforcement Action Data Entered
• 1984-09-10Complaint Filed/Proposed Order
• 1985-05-16Compliance Achieved
• 1985-05-16Enforcement Action Closed