EPA v. Paul Lashley Supply dba CPS Coatings CAFO

Case summary

Claims 1. Failure to Notify of Changes to Hazardous Waste Management Activity 19. The allegations in paragraphs 1-19 are re-alleged and incorporated herein by reference. 20. As a generator of hazardous waste during the years 2016 through 2019, Respondent was required by LAC 33:V.1105, the portion of the authorized Louisiana RCRA program implementing section 3010(a) of RCRA, 42 U.S.C. ? 6930(a), to notify the Office of Environmental Services within seven days if any of the information submitted in its initial application for an EPA ID number changes. 21. During the years 2016 through 2019, Respondent?s most recent notification of hazardous waste activity (NOR) indicated that Respondent generated less than 100 kilograms per month of hazardous waste. 22. During 2016, 2017, 2018, and 2019, Respondent failed to notify the appropriate administrative authority that its hazardous waste activity submitted in its last NOR had changed to reflect the generation activity described in paragraph 18, violating the requirements of Louisiana?s authorized RCRA program at LAC 33:V.1105.B. Claims 2. Failure to Comply with Waste Storage Requirements 23. The allegations in paragraphs 1-26 are realleged and incorporated herein by reference. 24. During the period of 2016 to 2019, Respondent accumulated waste generated at the facility prior to transport, constituting short term ?storage? as defined in 33 LAC:V.109 [40 C.F.R. ? 260.10]. 25. During the period of 2016 to 2019, Respondent, as an entity generating waste in quantities sufficient to qualify as a Large Quantity Generator (LQG) and storing hazardous waste, was required to comply with the regulations for Treatment, Storage, and Disposal (TSD) facilities in LAC 33.V [40 C.F.R. ? 270], or comply with the subset of those standards set forth in LAC 33.V.1109.E [40 C.F.R. 262.34(a)(4) (October 2016) ] as conditions for exemption from the full TSD regulations for LQGs accumulating waste for less than 90-days. 26. During portions of 2016, 2017, 2018, and 2019, the Facility failed to meet these standards, in violation of one or more of the requirements for large quantity generators storing waste under LAC 33: V.1109.E [40 C.F.R. ? 262.34].

Defendants (1)

• Paul Lashley Supply dba CPS CoatingsNamed in complaintNamed in settlement

Facilities (1)

• PAUL LASHLEY SUPPLY DBA CPS COATINGS

  624 AIRPORT DR, SHREVEPORT, LA, 71107

  Registry ID: 110012254513

Statutes cited

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

Enforcement conclusions (1)

• Paul Lashley Supply dba CPS Coatings CAFOentered 2021-07-15

  Primary law: RCRA

  Federal penalty: $64,950

Timeline (3 milestones)

• 2021-07-15Complaint Filed/Proposed Order
• 2021-07-15Final Order Issued
• 2021-07-20Enforcement Action Data Entered