EPA v. CITY OF TACOMA - LANDFILL

Case summary

The City of Tacoma (Tacoma) currently accepts household hazardous waste (including used oil) at their City of Tacoma Household Hazardous Waste Facility (Tacoma Landfill). On May 8, 2012 Tacoma shipped 750 gallons of PCB contaminated oil contributing to the contamination of approximately 8,250 gallons of used oil at Emerald Services, Inc. (Emerald); an oil recycling and reuse facility in Seattle. The used oil was not marked or manifested and the City was unaware that it contained PCBs. EPA became aware of the violations via a May 25, 2012 Unmanifested Waste Report provided by Emerald Services (required by 40 CFR 761.211). The Report indicated that Emerald conducted oil sampling (using their internal lab) on May 9, 2012 as part of routine PCB testing and discovered PCB’s potentially above 50 ppm (i.e., TSCA regulated threshold). Emerald traced the PCB contamination to Tacoma using screening truck retain samples. Third party laboratory analysis (received May 15, 2012) confirmed PCB concentrations greater than 50 ppm in the used oil provided by Tacoma. Emerald disposed of the oil June 5-7, 2012 via Clear Harbors. Tacoma’s violations include: 1) Failure to notify EPA in advance of the shipment of this PCB-contaminated used oil, or obtain an EPA identification number, 2) failure to prepare a manifest on “EPA Form 8700-22” for the shipment of PCB-contaminated used oil, and 3) Placing the product into commerce by offering the contaminated used oil for transport and reuse to the Emerald facility.

Defendants (1)

• CITY OF TACOMA - LANDFILLNamed in complaintNamed in settlement

Facilities (2)

• TACOMA LANDFILL - CITY OF TACOMA

  3510 S MULLEN ST, TACOMA, WA, 98409

  Registry ID: 110005392388

• TACOMA LANDFILL - CITY OF TACOMA

  3510 S MULLEN ST, TACOMA, WA, 98409

  Registry ID: 110005392388

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CITY OF TACOMA - LANDFILLentered 2013-09-23

  Primary law: TSCA

  Federal penalty: $40,000

Timeline (4 milestones)

• 2013-09-17Enforcement Action Data Entered
• 2013-09-23Final Order Issued
• 2013-09-23Complaint Filed/Proposed Order
• 2013-10-02Enforcement Action Closed