EPA v. EMCO CHEMICAL DISTRIBUTORS, INC.

Case summary

Region 5 filed a Consent Agreement and Final Order commencing and concluding an action against EMCO Chemical Distributors, Inc. (?EMCO?), at its North Chicago, Illinois facility. EMCO is a chemical distributor that services all of North America, and its North Chicago, Illinois facility focuses on packaging and distribution. EPA alleged that EMCO failed to comply with certain requirements of the RCRA hazardous waste program Subtitle C (Sections 3001-3023 of RCRA, 42 U.S.C. ?? 6921-6939e) regarding the storage of hazardous waste without a permit. Specifically, EMCO failed to apply for and obtain a hazardous waste storage permit for storing hazardous waste for more than 90 days. They accumulated large amounts of hazardous waste in satellite accumulation areas, where the limit is 55 gallons. They failed to mark and label several containers holding hazardous waste as required by the regulations. They failed to make hazardous waste determinations and failed to maintain copies of the land disposal restriction notifications. They also failed to maintain container requirements by failing to conduct weekly inspections. Finally, EMCO failed to maintain a contingency plan for emergencies at the Facility. EMCO has come into full compliance with the RCRA regulations and corresponding state requirements. Under the terms of the settlement in the Consent Agreement and Final Order (CAFO), EMCO will pay a civil penalty of $131,193. EMCO will also perform a technology driven Supplemental Environmental Program (SEP) that is consistent with the 1998 U.S. EPA Supplemental Environmental Projects Policy. In particular, EMCO will develop a technology driven platform integrated throughout their facility that utilizes sensors, RFID tags, and data analytics to manage, track, and process facility operations. This innovative method of tracking and managing waste will help the Facility monitor their compliance with RCRA standards and manage their hazardous waste better in the future.

Defendants (1)

• EMCO CHEMICAL DISTRIBUTORS, INC.Named in complaintNamed in settlement

Facilities (1)

• EMCO CHEMICAL DISTRIBUTORS INC

  2100 COMMONWEALTH AVE, NORTH CHICAGO, IL, 60064

  Registry ID: 110025170204

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• EMCO CHEMICAL DISTRIBUTORS, INC.entered 2018-05-31

  Primary law: RCRA

  Federal penalty: $276,963

Timeline (3 milestones)

• 2018-05-31Complaint Filed/Proposed Order
• 2018-05-31Final Order Issued
• 2018-06-20Enforcement Action Data Entered