EPA v. Spectrum Health Hospitals

Case summary

On November 12, 2020, EPA Region 5 and Spectrum Health Hospitals (Spectrum), entered into a Resource Conservation and Recovery Act (RCRA) Section 3008(a) Consent Agreement and Final Order (CAFO) resolving violations relating to failure to provide notification of hazardous waste activity and failure to file a biennial report. The CAFO requires Spectrum to pay a civil penalty of $11,471 and rectify the alleged violations within 30 days. Spectrum owns operates hospitals, urgent care clinics, and labs throughout Michigan. On August 20, 2020, EPA informed Spectrum of alleged potential violations of RCRA. Specifically, EPA informed Spectrum, in a letter dated August 19, 2020, that based on a review of data, it appeared that Spectrum had identified itself as a small quantity generator of hazardous waste. During the 2019 calendar year, Spectrum generated hazardous waste in quantities that qualified Spectrum for large quantity generator status. Thus, EPA identified the following potential violations: failure to submit sufficient subsequent notification of the change in the type of RCRA hazardous waste activity in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a) (EPA Form 8700-12); and failure to a file biennial report in violation of Mich. Admin. Code r. 299.9308(1). EPA offered and Spectrum agreed to resolve the violations through a streamlined CAFO settlement process. EPA Region 5 identified the violations through its RCRA Data Mining Initiative, which uses Agency data sources to identify high-probability violators and offer them a streamlined opportunity to work with EPA to further identify and resolve the violations. Region 5 informed each State environmental agency in the Region about this data mining initiative and that they may expect to be copied on notices to identified facilities. Michigan Department of Environment, Great Lakes, and Energy (EGLE) was copied on the August 19, 2020, letter that EPA sent to Spectrum. The Michigan EGLE will assist by processing Spectrum?s notification regarding changes to the RCRA hazardous waste activity conducted at the facility, and by processing the late biennial report and any reporting fees. Spectrum has agreed to come into compliance with the relevant provisions of RCRA within 30 days after the effective date of the CAFO.

Defendants (1)

• Spectrum Health HospitalsNamed in complaintNamed in settlement

Facilities (1)

• SPECTRUM HEALTH HOSPITALS

  100 MICHIGAN NE, GRAND RAPIDS, MI, 49503-2551

  Registry ID: 110008447378

Statutes cited

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

Enforcement conclusions (1)

• Spectrum Health Hospitalsentered 2020-11-12

  Primary law: RCRA

  Federal penalty: $11,471

Timeline (4 milestones)

• 2020-11-12Final Order Issued
• 2020-11-12Complaint Filed/Proposed Order
• 2020-11-19Enforcement Action Closed
• 2020-11-23Enforcement Action Data Entered