EPA v. Hale Performance Coatings, Inc.

Case summary

On February 28, 2020, Region 5 signed a Consent Agreement and Final Order (CAFO) with Hale Performance Coatings, Inc., (Hale), of Toledo, Ohio resolving violations of the large quantity generator standards under the Ohio Revised Code. Hale has corrected the violations and agrees to pay a civil penalty of $95,242. Hale operates an electroplating facility in Toledo. EPA identified the violations as a result of a compliance evaluation inspection conducted at Hale?s facility on June 8, 2016. EPA alleges that from at least June 8, 2016, to February 28, 2017, Hale failed to have tank assessments for 17 hazardous waste tanks and their evaporators; failed to conduct required inspections and have adequate secondary containment for these tanks and evaporators; failed to properly label these tanks and other containers; failed to conduct required training; failed to document waste determinations; and failed to timely submit annual reports. On January 25, 2017, EPA sent Hale a Notice of Violation identifying these violations. On June 20, 2016, February 28, 2017, June 21, 2017, September 5, 2017, March 15, 2018, and July 31, 2019, Hale submitted documentation addressing and correcting the violations.

Defendants (1)

• Hale Performance Coatings, Inc.Named in complaintNamed in settlement

Facilities (1)

• HALE PERFORMANCE COATINGS

  2282 ALBION ST., TOLEDO, OH, 43606

  Registry ID: 110000384012

Statutes cited

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

Enforcement conclusions (1)

• Hale Performance Coatings, Inc.entered 2020-02-28

  Primary law: RCRA

  Federal penalty: $95,242

Timeline (5 milestones)

• 2020-02-28Complaint Filed/Proposed Order
• 2020-02-28Final Order Issued
• 2020-03-31Enforcement Action Data Entered
• 2020-07-27Enforcement Action Closed
• 2020-07-27Compliance Achieved