EPA v. A & R MECHANICAL CONTRACTORS INC

Case summary

On September 28, 2004, Region 5 filed an Administrative Complaint and Compliance Order against A & R Mechanical Contractors, Inc.(A & R) located at 711 Kettering Park Drive, Urbana, Illinois. The Region alleged that A & R violated state law by transporting hazardous waste without a hazardous waste manifest and for operating a storage facility without the required RCRA permit. A & R allegedly stored hazardous waste in tanks without a RCRA permit and without complying with RCRA interim status requirements. The Complaint proposes a civil penalty of $12,540. The University of Illinois, Urbana-Champaign (UI) generated waste lithium bromide solution (LBS) and characterized the LBS as non-hazardous . UI provided an MSDS sheet to the Respondent that stated that the LBS was not a listed RCRA hazardous waste. The Respondent transported the LBS to its facility in order to sell the LBS as a replacement for a commerical product. After failing to find a buyer fo the LBS, the Respondent contacted Safety Kleen for disposal. The LBS waste profile produced by Safety Kleen indicated that the LBS contained chromium at 68 ppm, which would make the LBS a characteristic hazardous waste for chromium content. The Respondent stored the LBS for almost two years prior to disposal. The Respondent was not a generator of hazardous waste prior to the disposal of the LBS and is presently classified by the Illinois Environmental Protection Agency (IEPA) as a Conditionally Exempt Small Quantity Generator. The Respondent conducted an approved (by IEPA) RCRA closure of the storage area at the facility. The closure is complete and no release of hazardous waste was identified. The total amount of LBS that was removed from the facility was 2,284 gallons which had a concentration of 68 parts per million (ppm) chromium. Knowing the concentration in ppm and the total amount of solution, the total amount of chromium can be calculated. The total amount of chromium in the LBS at the facility is 562.69 grams which converts to 1.24 pounds. Therefore, a total of 1.24 pounds of chromium was taken out of the environment. U.S. EPA and A&R Mechanical Contractors, Inc. arrive at settlement On March 28, 2005, U.S. EPA filed a Consent Agreement and Final Order to resolve an action against A&R Mechanical Contractors, Inc. (A&R) Urbana, Illinois. A&R transported to its installation and stored a waste material that ultimately was disposed of as hazardous waste. The waste, lithium bromide solution (LBS), was transported by A&R to its installation without a hazardous waste manifest and stored the waste without a RCRA permit for almost two years. A&R intended on selling the LBS as a replacement for a commercial product but could not find a buyer. The LBS was disposed through Safety Kleen who identified the LBS as a characteristic hazardous waste for chromium content. Under direction from Illinois Environmental Protection Agency, A&R conducted a RCRA closure of its installation and no contamination was found in the process. A&R is now considered to be a conditionally exempt small quantity generator of hazardous waste. There is no record of previous generation of hazardous waste nor has A&R generated any additional hazardous waste after the LBS was disposed. A&R wass assessed a penalty of $11,286 and paid the penalty on March 31, 2005.

Defendants (1)

• A & R Mechanical Contractors, Inc.Named in complaintNamed in settlement

Facilities (1)

• A & R MECHANICAL

  711 KETTERING PARK DR, URBANA, IL, 61801-1038

  Registry ID: 110012271031

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• A & R MECHANICAL CONTRACTORS INCentered 2005-03-28

  Primary law: RCRA

  Federal penalty: $11,286

Timeline (4 milestones)

• 2004-09-28Complaint Filed/Proposed Order
• 2004-10-13Enforcement Action Data Entered
• 2005-03-28Final Order Issued
• 2005-03-31Enforcement Action Closed