EPA v. Brooks Industrial Coatings, Inc.

Case summary

On December 16, 2022, EPA Region 6 issued a Consent Agreement and Final Order ( CAFO ) under its authority pursuant to the Resource Conservation and Recovery Act ( RCRA ) to Brooks Industrial Coatings, Inc., located in Austin, TX. The CAFO was issued in response to violations of: i. Failure to meet notification requirements ii. Failure to operate within its stated generator status. The CAFO requires Brooks Industrial Coatings, Inc. to A. Respondent shall certify that it has assessed all its solid waste streams at the Facility to determine the accurate waste codes and has developed and implemented standard operating procedures (?SOPs?) to ensure that Respondent is operating the Facility in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; (c) reporting, transporting, and disposing of hazardous waste; (d) preparing its manifests; (e) maintaining records; and (f) meeting the land disposal requirements; B. Respondent shall certify that it has accurately and adequately complied with its RCRA Section 3010 notification for the Facility within the prescribed time period; C. Respondent shall provide, with its certification, a copy of Respondent?s SOPs as described in subparagraph A above; D. Respondent shall certify the cost of implementation of injunctive relief; and E. Respondent shall certify the environmental benefit (reduction of waste or reduction in the toxicity of waste). Brooks Industrial Coatings, Inc. must respond to EPA Region 6 within 30 days of the filing date.

Defendants (1)

• Brooks Industrial Coatings, Inc.Named in settlement

Facilities (1)

• BROOKS INDUSTRIAL COATINGS

  1902 BENCH MARK DR, AUSTIN, TX, 78728

  Registry ID: 110005113830

Statutes cited

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

Enforcement conclusions (1)

• Brooks Industrial Coatings, Inc.entered 2023-01-19

  Primary law: RCRA

  Federal penalty: $2,000

Timeline (2 milestones)

• 2023-01-19Final Order Issued
• 2023-01-20Enforcement Action Data Entered