EPA v. SAFETY-KLEEN CORP

Case summary

ON OR AFTER NOVEMBER 19, 1980, SAFETY-KLEEN CORPORATION STORED SPENT HALOGENATED AND NON-HALOGENATED SOLVENTS, U.S. EPA HAZARDOUS WASTE CODES F003 AND F005, WHICH HAVE BEEN LISTED AS HAZARDOUS WASTE UNDER 40 CFR 261.31, AND OAC 3745-51-31, WITHOUT A PERMIT AND WITHOUT HAVING ACHIEVED INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF THE ACT. INTERIM STATUS WAS NOT ACHIEVED BECAUSE SAFETY-KLEEN CORPORATION FAILED TO SUBMIT A NOTIFICATION OF HAZARDOUS WASTE ACTIVITY BY AUGUST 18, 1980, AS REQUIRED BY SECTION 3010(A) OF THE ACT. RESPONDENT FILED SUCH NOTIFICATION ON OCTOBER 31, 1980. A PART A PERMIT APPLICATION PURSUANT TO 40 CFR 122.22 WAS FILED IN A TIMELY MANNER, ON NOVEMBER 18, 1980. ON JULY 23, 1982, RESPONDENT ENTERED INTO AN AGREEMENT WITH THE U.S. EPA TO STORE ALL HAZARDOUS WASTE AT THE FACILITY IN COMPLETE COMPLIANCE WITH THE STANDARDS APPLICA- BLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES, 40 CFR PART 265, AND WITH THE CONSOLIDATED PERMIT REGULATIONS, 40 CFR PART 270, AS IF RESPONDENT HAS FILED A TIMELY NOTIFICATION OF HAZARDOUS WASTE ACTIVITY PURSUANT TO SECTION 3010(A). ON JULY 23, 1982, U.S. EPA APPROVED AN INCREASE IN CON- TAINER STORAGE CAPACITY FROM 7,080 TO 11,000 GALLONS AND AN INCREASE IN TANK STORAGE CAPACITY FROM 70,000 TO 176,500 GALLONS. ON DECEMBER 27, 1984, OEPA CONDUCTED A RCRA INSPECTION OF RESPONDENT'S FACILITY AND OBSERVED THE FOLLOWING VIOLATIONS: A. EXCEEDING DESIGN CAPACITIES SPECIFIED IN PART A OF THE PERMIT APPLICATION AS REQUIRED BY 40 CFR 270.71(A)(3) B. FAILURE TO MARK CONTAINERS WITH THE WORDS HAZARDOUS WASTE AND MARK THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS, AS REQUIRED BY OAC 3745-52-34 C. FAILURE TO MAINTAIN REQUIRED AISLE SPACE, AS REQUIRED BY OAC 3745-65-35 D. FAILURE TO INCLUDE IN THE OPERATING RECORD, THE U.S. EPA HAZARDOUS WASTE NUMBER FOR EACH WASTE RECEIVED AND STORED, AS REQUIRED BY OAC 3745-65-73.

Defendants (1)

• SAFETY-KLEEN CORPNamed in complaintNamed in settlement

Facilities (1)

• SAFETY KLEEN SYSTEMS INCORPORATED

  581 MILLIKEN DR. S.E., HEBRON, OH, 43025

  Registry ID: 110000381471

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• SAFETY-KLEEN CORP

  Primary law: RCRA

  Federal penalty: $9,900

Timeline (4 milestones)

• 1985-05-30Enforcement Action Data Entered
• 1985-05-30Complaint Filed/Proposed Order
• 1985-07-23Compliance Achieved
• 1985-07-23Enforcement Action Closed