EPA v. BADGER METER INC
Final Order With Penalty
Case summary
A Compliance Evaluation Inspection was conducted on April 29, 2004. A Notice of Violation was issued on August 11, 2004 which documented violations for failing to meet conditions of a hazardous waste license exemption. Badger Meter submitted documentation dated August 31, and October 25, 2004 which indicated that they replaced a polyethylene hazardous waste storage tank with a carob steel tank. The carbon steel tank was subsequently assessed/certified by an independent, Licensed Professional Engineer. On September , 2005, Region 5 filed a combination Complaint/Consent Agreement and Final Order (CAFO) simultaneously initiating and resolving an administrative penalty and compliance action against Badger Meter, Inc. (Badger Meter) located at 4545 W Brown Deer Road, Milwaukee, Wisconsin. The CAFO resolves the company�s alleged violations regarding failure to comply with conditions for a hazardous waste storage license exemption. The alleged noncompliances included failure to obtain a hazardous waste tank assessment/certification, failure to properly train employees engaged in hazardous waste management operations, failure to label containers of hazardous waste, failure to keep containers of hazardous waste stored closed, failure to maintain a list of emergency equipment at the facility, and failure to document the time of weekly hazardous waste area inspections. The CAFO requires Badger Meter to pay a civil penalty of $105,400. Badger Meter documented compliance with the alleged violations prior to the filing of the Part 22 CAFO.
Defendants (1)
- BADGER METER INCNamed in complaintNamed in settlement
Facilities (1)
BADGER METER INC
4545 W. BROWN DEER RD., MILWAUKEE, WI, 53223
Registry ID: 110000418995
Statutes cited
- RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
Enforcement conclusions (1)
BADGER METER INCentered 2005-09-26
Primary law: RCRA
Federal penalty: $105,400
Timeline (4 milestones)
- 2005-09-26Complaint Filed/Proposed Order
- 2005-09-26Final Order Issued
- 2005-09-27Enforcement Action Data Entered
- 2005-10-26Enforcement Action Closed
Case metadata
- EPA activity ID
- 158164
- Case number
- 05-2005-9703
- Lead agency
- EPA
- Branch
- ECAB
- EPA region
- 05
- Voluntary self-disclosure
- No
- Primary statute
- Permits for Treatment, Storage, or Disposal of Hazardous Waste
Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2005-9703 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.