EPA v. American Recovery, L.L.C CAFO

Case summary

Claim.1 Notification Requirements 22. The allegations in Paragraphs 1-21 are re-alleged and incorporated herein by reference. 23. Pursuant to LAC 33:V. l 105.B, [42 U.S.C. ? 6930(a)], a generator must notify the Office of Environmental Services within seven days if any of the information submitted in the application for the identification number changes. 24. As identified in Paragraph 18, Respondent generated hazardous waste above the threshold amount of a Small Quantity Generator during 2018. Respondent did not file with EPA or Louisiana Office of Environmental Services an updated notification of its hazardous waste activities above that of a Small Quantity Generator at the American Recovery Facility during 2018, in violation of LAC 33:V.l 105.B, (42 U.S.C. ? 6930(a)]. Claim. 2 Failure to Operate within Its Stated Generator Status 26. The allegations in Paragraphs 1-21 are realleged and incorporated herein by reference. 27. Pursuant to LAC 33:V.l 109.E.2. (40 C.F.R. ? ~62.34(b)], any person who generates in excess of l ,000 kilograms of hazardous waste in any given calendar month is a Large Quantity Generator of hazardous waste, and is subject to the permitting requirements as specified in LAC 33:V.Subpart 1. 28. During portions of 2018, the American Recovery Facility exceeded their declared Small Quantity Generator status and operated in some instances as a Large Quantity Generator in violation of one or more of the requirements for Large Quantity Generators under LAC 33:V. l l 09.E.2., (40 C.F.R. ? 262.34(b)]. Claim. 3 Failure to Make a Hazardous Waste Determination 29. The allegations in Paragraphs 1-21 are realleged and incorporated herein by reference. 30. Pursuant to LAC 33:V.l l 03 [40 C.F.R. ? 262.11 ], a person who generates a solid waste, as defined in LAC 33:V.109, shall determine if that waste is a hazard. 31. During a portion of 2018, the American Recovery Facility shipped a solid waste without determining if that waste was a hazard in violation of the requirements under LAC 33:V.1103 [40 C.F.R. ? 262.11].

Defendants (1)

• American Recovery, L.L.C.Named in settlement

Facilities (1)

• AMERICAN RECOVERY LLC

  2296 DENLEY RD, HOUMA, LA, 70363

  Registry ID: 110060235990

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• American Recovery, L.L.C CAFOentered 2021-08-24

  Primary law: RCRA

  Federal penalty: $48,007

Timeline (2 milestones)

• 2021-08-24Final Order Issued
• 2021-08-26Enforcement Action Data Entered