EPA v. Phibro-Tech Inc.

Case summary

This action constitutes a combined Complaint and Consent Agreement/Final Order (Complaint/CAFO) in response to violations of Phibro-Tech's Hazardous Waste Management Permit identified during a July 12, 2006 inspection. The violations included: the storage of hazardous waste in excess of one year; the failure to perform interior inspections on hazardous waste tank systems every 5 years; the failure to conduct annual leak tests on hazardous waste tank system ancillary equipment; the failure to obtain the signature of transporters on hazardous waste manifests at the time the waste was offered to the transporter; and the failure to file exception reports for hazardous waste manifests that were not returned within 45 days of the original shipment. Phibro-Tech came into compliance with the violations prior to EPA filing its Complaint/CAFO, in response to a Notice of Violation issued on January 5, 2007. The Complaint/CAFO requires payment of a $151,603 administrative penalty for the above-mentioned violations.

Defendants (1)

• Phibro-Tech, Inc.Named in complaintNamed in settlement

Facilities (1)

• APEX MATERIAL TECHNOLOGIES LLC

  10 INDUSTRY AVE, JOLIET, IL, 60435-2652

  Registry ID: 110018283034

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Phibro-Tech Inc.entered 2008-09-15

  Primary law: RCRA

  Federal penalty: $151,603

Timeline (5 milestones)

• 2008-09-15Complaint Filed/Proposed Order
• 2008-09-15Final Order Issued
• 2008-09-23Enforcement Action Data Entered
• 2008-10-03Enforcement Action Closed
• 2008-10-03Compliance Achieved