EPA v. Semling-Menke Company

Case summary

On December 31, 2019, Region 5 filed an Expedited Settlement Agreement and Final Order (ESA) to commence and conclude a civil enforcement action against Semling-Menke Company, in which EPA alleged that Respondent had violated the Resource Conservation and Recovery Act, 42 U.S.C. ?6901 et seq., and the EPA-authorized Wisconsin statute and regulations for large quantity hazardous waste generators, Wisc. Admin. Code ??660-679. Specifically, EPA alleges that Semling-Menke failed to mark the accumulation start dates on hazardous waste containers, maintain RCRA employee training records, and maintain and amend the hazardous waste contingency plan in violation of Wisc. Admin. Code ?? NR 662.034(1)(b); NR 662.034(1)(d) and 665.0016(4)(a)-(d); NR 662.034(1)(d) and 665.0052(2), 665.0052(4) and (5), and 665.0054. In addition, EPA alleges that Respondent failed to meet the generator requirements for used oil burned for energy recovery and for universal waste management of lamps in violation of Wis. Admin. Code ?? NR 679.11; and NR 673.13(4)(a), 673.14(5), and 673.15(3). EPA has provided the NOV to Wisconsin Department of Natural Resources (WDNR) and has coordinated with WDNR regarding this matter. The ESA requires the Respondent to pay a civil penalty of $5,000, and to comply with RCRA and the EPA-authorized Wisconsin RCRA regulations.

Defendants (1)

• Semling-Menke CompanyNamed in complaintNamed in settlement

Facilities (1)

• SIERRA PACIFIC WINDOWS

  605 N OHIO ST, MERRILL, WI, 54452

  Registry ID: 110043635509

Statutes cited

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

Enforcement conclusions (1)

• Semling-Menke Companyentered 2019-12-31

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2019-12-31Enforcement Action Closed
• 2019-12-31Complaint Filed/Proposed Order
• 2019-12-31Final Order Issued
• 2020-01-16Enforcement Action Data Entered