EPA v. BARRY AIR TOOL SALES

Case summary

ADMINISTRATIVE ORDER ISSUED REQUIRING THAT RESPONDENT TREAT ITS WASTE PAINT AS HAZARDOUS WASTE, AND REQUIRING THAT RESPONDENT COMPLY WITH THE GENERATOR REQUIREMENTS OF RCRA. IMPACT: ON APRIL 28, 1986, THE REGIONAL ADMINISTRATOR SIGNED A CONSENT AGREEMENT AND FINAL ORDER (CAFO) WHICH RE- SOLVED U.S. EPA'S RCRA SECTION 3008 CASE AGAINST BARRY AIR TOOL SALES, INC. (RESPONDENT). PURSUANT TO THE CAFO, RES- PONDENT HAS AGREED TO PERFORM A SEMI-ANNUAL INSPECTION OF ITS SURPLUS PAINT STORAGE AREA TO DETERMINE IF ANY OF THE PAINT IS IN FACT WASTE (I.E. UNIT FOR SALE). RESPONDENT HAS AGREED TO NOTIFY THE MICHIGAN DEPARTMENT OF NATURAL RE- SOURCES (MDNR) AT LEAST FIVE DAYS PRIOR TO SUCH INSPECTION/ WASTE DETERMINATION. RESPONDENT HAS AGREED TO ALLOW MDNR REPRESENTATIVES TO PARTICIPATE IN THE INSPECTION OF THE SURPLUS PAINT INVENTORY. RESPONDENT HAS AGREED TO MANAGE ITS WASTE PAINT AS HAZARDOUS WASTE AND HAS AGREED TO COMPLY WITH THE STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. IN ADDITION, RESPONDENT HAS PAID A CIVIL PENALTY IN THE AMOUNT OF $10,000.

Defendants (1)

• BARRY AIR TOOL SALESNamed in complaintNamed in settlement

Facilities (1)

• BARRY SURPLUS SALES

  10650 CLOVERDALE, DETROIT, MI, 48204

  Registry ID: 110003584513

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• BARRY AIR TOOL SALES

  Primary law: RCRA

  Federal penalty: $23,150

Timeline (4 milestones)

• 1985-06-28Enforcement Action Data Entered
• 1985-06-28Complaint Filed/Proposed Order
• 1986-04-28Compliance Achieved
• 1986-04-28Enforcement Action Closed