EPA v. PAR SERVICES, INCORPORATED

Case summary

On September 27, 2004, Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative compliance action against PAR Services Company (PAR) of Fort Wayne, Indiana. The Region alleged that PAR transported hazardous waste without an identification number, and accepted hazardous waste for transport without hazardous waste manifests, as required under the Resource Conservation and Recovery Act (RCRA), and RCRA regulations promulgated at 329 IAC 3.1-8-1 and 8-2 [40 CFR 263.11, 263.20(a) and 263.22(a)]. The determination of violations in this case is based on information provided by PAR, 3M Company of Cordova, Illinois, and information developed in the Region�s related case against Milsolv Minnesota Corporation. As part of development of the Milsolv case, the Region (with assistance from NEIC) determined that the hazardous waste at issue was not a byproduct, but a spent material that has been used and as a result of being used has become contaminated by physical or chemical impurities that could no longer serve the purpose for which it was produced, was a characteristic hazardous waste. The Region�s determination was upheld by the June 11, 2004, decision by Administrative Law Judge Charneski. PAR, 3M and Milsolv have all argued that the waste was not hazardous, and PAR denies that an identification number or manifests were required. 3M no longer generates the waste at issue, and PAR no longer arranges for its transportation, thus the alleged violations have ceased. PAR nevertheless agreed to resolve this matter. Based on the facts and circumstances, the Region deemed it appropriate to settle with PAR for terms that include a compliance order with conditions that PAR agrees to implement to prevent similar situations, and no civil penalty amount. The CAFO�s non-assessment of a civil penalty is based on PAR�s co-operation in the investigation of the violations against 3M and Milsolv, PAR�s cooperation in negotiating this resolution, and PAR�s prompt agreement to settle this matter prior to the filing of a Complaint.

Defendants (1)

• PAR SERVICES, INC.Named in complaintNamed in settlement

Facilities (1)

• PAR SERVICES, INC.

  6325 CONSTITUTION DR, FORT WAYNE, IN, 46804

  Registry ID: 110018913274

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• PAR SERVICES, INCORPORATEDentered 2004-09-27

  Primary law: RCRA

Timeline (3 milestones)

• 2004-09-27Complaint Filed/Proposed Order
• 2004-09-27Final Order Issued
• 2004-10-14Enforcement Action Data Entered