EPA v. Atlas Chem Milling Expedited Settlement Agreement

Case summary

On March 3, 2020, Region 5 executed an Expedited Settlement Agreement (ESA) with Atlas Chem Milling (Respondent) regarding its facility located in Elkhart, Indiana (the Facility). At the Facility, Respondent manufactures custom-made cutting dies and the Facility operates as a large quantity generator. The Facility generates various types of hazardous waste; including, ferric chloride hazardous waste, F006 hazardous waste from the waste water treatment unit, flammable paint, solvent contaminated wipes, used oil and universal waste. On September 13, 2018, EPA conducted a compliance inspection at the Facility and determined that Respondent unlawfully stored hazardous waste without a permit or interim status as a result of its failure to comply with certain conditions for a permit exception under 329 Ind. Admin. Code 3.1-7-1. [40 C.F.R. ? 262.34(a)-(c)]. Specifically, EPA found that Respondent: (a) failed to mark one cubic yard container of F006 waste with the date of accumulation; (b) failed to conduct weekly inspections of the hazardous waste storage areas; (c) failed to conduct an annual review of the initial training required; (d) failed to conduct daily documented inspections of the hazardous waste storage tank and failed to inspect data gathered from the monitoring and leak detection equipment on a daily basis; (e) failed to submit an exception report to the EPA Regional Administrator; and, (f) failed to demonstrate the length of time that the universal waste had been accumulated from the date it became a waste or was received. EPA sent a Notice of Violation (NOV) to Respondent on March 29, 2019 citing these alleged violations. The RCRA permit exemption conditions identified in (b), (c), and (d) are also independent requirements for hazardous waste management facilities that treat, store or dispose of hazardous waste (TSD requirements). These three alleged violations are requirements under the State of Indiana hazardous waste management program. Respondent subsequently submitted information to demonstrate compliance and agreed to pay a civil penalty of $6,000 under the ESA to resolve the alleged violations. The Indiana Department of Environmental Management (IDEM) is authorized to administer the RCRA program in Indiana. However, the inspection giving rise to this matter was an EPA inspection of LQGs, as part of the core program. EPA provided notice of the ESA to IDEM as required by RCRA and has received no objections. Contacts: Jaime Paulin, 312-886-1771, RCRA technical; and Andre Daugavietis, (312) 886-6663, ORC legal.

Defendants (1)

• Kevin DeckardNamed in complaintNamed in settlement

Facilities (1)

• ATLAS CHEMICAL MILLING

  1627 W. LUSHER AVE., ELKHART, IN, 46517

  Registry ID: 110000399051

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Atlas Chem Milling Expedited Settlement Agreemententered 2020-03-03

  Primary law: RCRA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2020-03-03Final Order Issued
• 2020-03-03Complaint Filed/Proposed Order
• 2020-03-03Expedited Settlement Offered
• 2020-03-25Enforcement Action Data Entered