EPA v. Mercury Waste Solutions LLC

Case summary

On October 19, 2009, Region 5 filed a combined Complaint / Consent Agreement and Final Order (CAFO), commencing and concluding an administrative penalty action against Mercury Waste Solutions, LLC (MWSI). Region 5 alleged that MWSI violated Section 3004 of the Resource Conservation and Recovery Act (RCRA) and Section 6 of the Toxic Substances Control Act (TSCA). The company located at 21211 Durand Avenue, Union Grove, Wisconsin, was cited for failing to maintain its facility in a manner that minimized the possibility of a fire, explosion, or any unplanned, sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, ground water or surface water that could threaten human health or the environment. The company has completed several projects to address the violations and minimize potential risk including installation of an airscrubber, a mercury monitoring system and a supplied air breathing system for employees responding to any incidents. Mercury Waste Solutions has also upgraded its control system, sealed facility floors and built a training room. The company was also cited for failing to mark a storage area used to store Polychlorinated Biphenyls (PCB) and PCB Items for disposal; failing to develop and maintain an annual document log of the disposition of PCBs and PCB items; and failing to prepare an SPCC plan for storing PCB liquids in a temporary storage area. EPA calculated a RCRA penalty of $37,600 based on the potential for harm to human health and the environment posed by the violation, the extent of deviation from the regulation, as well as the other factors listed in EPA’s RCRA Civil Penalty Policy. EPA calculated a TSCA penalty of $16,400 based upon the nature, circumstances, extent and gravity of the violations as well as other factors listed in the Polychlorinated Biphenyls (PCB) Penalty Policy. MWSI has agreed to pay the $54,000 penalty.

Defendants (1)

• Mercury Waste Solutions, LLCNamed in complaintNamed in settlement

Facilities (2)

• MERCURY WASTE SOLUTIONS, INC.

  21211 DURAND AVE, UNION GROVE, WI, 53182

  Registry ID: 110000702473

• WM WASTE INC

  21211 DURAND AVE, UNION GROVE, WI, 53182-9711

  Registry ID: 110072151993

Statutes cited

• TSCA 6-PCBS — PCBS
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Mercury Waste Solutions LLCentered 2009-10-19

  Primary law: RCRA

  Federal penalty: $54,000

Timeline (3 milestones)

• 2009-10-19Complaint Filed/Proposed Order
• 2009-10-19Final Order Issued
• 2009-11-03Enforcement Action Data Entered