EPA v. DAP Products, Inc.

Case summary

On June 12, 2018, Region 5 filed an Expedited Settlement Agreement and Final Order (ESA) that commences and concludes an administrative action with DAP Products, Inc. (DAP), of Tipp City, Ohio. DAP is a manufacturer of contact cements, aerosol paints, cartridge adhesives, and clear wood finishes. The ESA alleges that DAP violated the Resource Conservation and Recovery Act (RCRA) as determined during an inspection on March 16, 2017. The inspection revealed several issues on-site including 1) DAP accumulated hazardous waste on-site for more than 90 days without a permit; 2) failed to mark, and make visible for inspection, the accumulation start date on each container holding hazardous waste; 3) failed to label or clearly mark each container holding hazardous waste with the words Hazardous Waste ; 4) failed to mark the satellite accumulation area (SAA) container holding hazardous waste with the correct wording; 5) failed to maintain aisle space to any area of the facility for emergency response; 6) failed to maintain information or content within a contingency plan and submit copies to all of the required authorities: 7) failed to make and document a hazardous waste determination; 8) and failed to prepare a hazardous waste manifest for the shipping of hazardous waste. DAP has agreed to pay a $ 5,000 civil penalty to resolve the alleged violations and has demonstrated that it is now in compliance with the applicable RCRA regulations.

Defendants (1)

• DAP Products, Inc.Named in complaintNamed in settlement

Facilities (1)

• DAP INC.

  875 NORTH THIRD STREET, TIPP CITY, OH, 45371

  Registry ID: 110013794545

Statutes cited

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

Enforcement conclusions (1)

• DAP Products, Inc.entered 2018-06-12

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (5 milestones)

• 2018-06-12Complaint Filed/Proposed Order
• 2018-06-12Final Order Issued
• 2018-06-13Enforcement Action Data Entered
• 2018-06-28Enforcement Action Closed
• 2018-06-28Compliance Achieved