EPA v. Quality Paint and Coatings

Case summary

On March 28, 2018, U.S. EPA Region 5 filed a Consent Agreement and Final Order that commences and concludes an administrative action with C. Nelson Enterprises, Inc., d/b/a Quality Paint and Coatings (QPC) of Oshkosh, Wisconsin. QPC provides painting and specialty coating services for both commercial and military vehicles and equipment. The CAFO alleges violations of the Resource Conservation and Recovery Act (RCRA) as determined during an inspection on January 31, 2017. The inspection revealed several issues including 1) a failure to provide annual training sessions on hazardous waste management procedures, 2) a failure to include the required content within its hazardous waste contingency plan and to update the plan when necessary, 3) a failure to adequately identify and characterize a hazardous waste stream generated on site, and 4) a failure to properly manage universal waste lamps. As part of settlement QPC has committed to completing two Supplemental Environmental Projects (SEPs) valued at $106,000. The first SEP requires QPC purchase and use a more efficient paint mixing system to reduce the volume of paint and solvent waste generated on site by approximately 72%. The second SEP requires QPC purchase and use equipment that will reduce the water content of its hazardous waste chromium conversion solution. This SEP will reduce the waste stream volume by approximately 98.6%. Combined, the SEPs will prevent or reduce the volume of hazardous waste generated on site by 26,000 gallons over three years. In addition to the SEPs, the CAFO requires QPC pay a $17,991 civil penalty to resolve the alleged violations. QPC has demonstrated that it is in compliance with the applicable RCRA regulations.

Defendants (1)

• Quality Paint and CoatingsNamed in complaintNamed in settlement

Facilities (1)

• QUALITY PAINT AND COATINGS

  2236 CLAIRVILLE RD, OSHKOSH, WI, 54904

  Registry ID: 110005419270

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Quality Paint and Coatingsentered 2018-03-28

  Primary law: RCRA

  Federal penalty: $17,991 · SEP: $106,333

Timeline (3 milestones)

• 2018-03-28Complaint Filed/Proposed Order
• 2018-03-28Enforcement Action Data Entered
• 2018-03-28Final Order Issued