Compliance and Enforcement

The Recordkeeping Requirements for RCRA Contingency Plans

The RCRA contingency plan is a requirement for large quantity generators of hazardous waste (LQGs) and hazardous waste treatment storage and disposal facilities (TSDFs) pursuant to 40 CFR 265, Subpart D [now 40 CFR 262, subpart M due to the Generator Improvements Rule].  It is a document that describes specific actions a facility must take in the event of a fire, explosion, or release of hazardous waste. Learn more about the RCRA Contingency Plan.

The purpose of this article: identify and explain the requirements of 40 CFR 262, subpart D to maintain records of the contingency plan.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

Fortunately, the changes made by the Generator Improvements Rule did not affect the recordkeeping requirements for the contingency plan (the subject of this article) except to change the regulatory citation.  This article has been revised to include reference to the regulations both prior to and after the Generator Improvements Rule.

Please refer to this series of articles if you’re interested in all of the requirements of 40 CFR 262, subpart M to create and maintain a contingency plan.

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KC Company Pleads Guilty To Illegally Transporting Hazardous Waste

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., company pleaded guilty in federal court today to illegally transporting hazardous waste.

Z-Group, LLC, is a Kansas company registered to do business in Missouri. Company president Friedrich-Wilhelm Zschietzschmann represented the company in court today to plead guilty before U.S. District Judge Brian C. Wimes to illegally transporting hazardous waste.

Zschietzschmann was also the president and CEO of Z-International, Inc., which specialized in the labeling industry.  Z-International used large quantities of ink and ink-related products in its business, making labels for numerous companies all over the world.  Z-International was located at 110 East 16th Street, Kansas City, Mo. Z-Group was established in 2001 by Zschietzschmann to serve as owner of real estate where Z-International operated its business.

Z-International was closed by Zschietzschmann in July 2010.  Any assets or fixtures remaining on the property after the business closed were sold or otherwise disposed of by a Z-International employee.

Between July 2010 and April 2012, the company authorized personnel to hire others to transport hazardous waste to a separate location. Z-International employees authorized the transportation of 23 containers of varying sizes that contained liquid hazardous waste to Studer Container Service, 520 Madison Ave., Kansas City, Mo. Studer did not have a permit to receive hazardous waste.

In April 2012, Environmental Protection Agency officials conducted a compliance inspection at Studer.  During the inspection, EPA inspectors found several containers of what appeared to be hazardous materials.

On June 28, 2012, EPA began its sampling and clean-up operation. On Dec. 21, 2012, the EPA National Enforcement Investigations Center provided analytical results for 38 samples collected from the containers dumped at Studer. Five of the samples tested positive for ignitability and two of the samples tested positive for toxicity.

The EPA Superfund Program cleaned up the hazardous waste at Studer to eliminate possible adverse effects on human health and environment. The total EPA Superfund cost was $36,871.

Under the terms of today’s plea agreement, Z-Group must pay a $50,000 fine and $36,871 in restitution, for a total payment of $86,871. The company is also subject to up to five years of probation. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Jane Pansing Brown. It was investigated by the Environmental Protection Agency, Criminal Investigation Division.

Read the full release here.

The Resource Conservation and Recovery Act (RCRA) and the regulations based upon it (both USEPA and State) mandate “cradle-to-grave” responsibility for all hazardous waste.  The RCRA regulations, however, only apply to active hazardous waste sites.  The regulations of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and its amendments, collectively known as “Superfund”, have the authority to clean up closed or abandoned sites that are contaminated with Hazardous Substances, which is the case here.  Either way, it is the generator of the hazardous waste that will be held responsible for the clean-up costs.

Contact me with questions about disposal options for your hazardous waste and to ensure you receive the best training that will help you to avoid situations such as this.

R SQUARED CIRCUITS INC. AGREES TO PAY $75,000 TO SETTLE HAZARDOUS WASTE VIOLATIONS

SACRAMENTO, CA – R Squared Circuits, Inc., a company that formerly manufactured printed circuit boards in Folsom, CA.,will pay $75,000 to settle violations of hazardous waste laws, the
Department of Toxic Substances Control (DTSC) announced today.

“Hazardous waste generators must meet safety standards, including training their employees, documenting their operations, and obtaining required permits before treating hazardous waste,” said Paul Kewin, Division Chief for DTSC’s Enforcement and Emergency Response Program.  “This settlement demonstrates the department’s continuing efforts to uphold compliance with existing environmental law, especially when a violator shows signs of leaving the jurisdiction and escaping accountability.”

R Squared Circuits discontinued operations in California and closed its facility on December 16, 2011, declaring that it did not have the financial resources to pay the full penalty determined by
DTSC.

The Stipulation for Entry of Final Judgment on Consent (Stipulation) filed by the California Attorney General’s Office on behalf of DTSC, secures injunctive relief and requires that R Squared Circuits pay an initial payment of $75,000 to DTSC. An additional amount of $25,000 has to be paid to the DTSC if R Squared Circuits violates injunctive provisions set forth in the stipulation.

A Complaint filed in Sacramento County Superior Court lists 11 causes of action, including:
 Treating of hazardous waste without permit or authorization.
 Failure to maintain operating records for hazardous waste treatment systems.
Failure to develop a training plan.
Failure to maintain employee training records.
 Absence of integrity assessments for treatment tanks.
 Absence of daily tank inspection records.
 Absence of hazardous waste labels on treatment tanks.
 Absence of waste analysis plan.
 Absence of phase I Environmental Assessment.
 Absence of Permit by Rule (PBR) authorization from the Sacramento County Environmental Management Department for the waste water treatment unit and illegal storage of hazardous waste.
 Failure to maintain and test fire protection equipment, spill control equipment and decontamination equipment to assure their proper operation in time of emergency.

FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances Control by phone at (800) 728-6942 or visit www.dtsc.ca.gov. To report illegal handling, discharge, or disposal of hazardous waste, call the Waste Alert Hotline at (800) 698-6942.

Read the entire news release here.

Though California’s regulations differ from those of the rest of the nation in many ways, there is nothing unfamiliar about this facility’s hazardous waste violations.  Note the double-hit for not having a training plan and then not documenting the training properly.  Proper documentation of the training you’ve completed is a big issue and one I stress during my Onsite Training as w ell as Seminars and Webinars.

Please don’t hesitate to contact me for all of your Hazardous Waste (RCRA) and HazMat Employee (USDOT) training needs.

Kent Dangerous Waste Facility Fined $180,000

BELLEVUE – The Department of Ecology (Ecology) has fined Burlington Environmental LLC (Burlington Environmental) $180,000 for 13 violations of requirements for dangerous waste management at the company’s facility in Kent. The violations occurred between October 2012 and January 2013.

The facility, located at 20245 77th Ave. S., processes dangerous wastes from hundreds of commercial and industrial clients for proper shipment and disposal.

The company came into compliance quickly after the violations were identified.

“This facility has now incurred penalties of just over $1 million over the past 12 years for violating hazardous waste requirements. Those requirements protect the public, the environment and on-site worker safety,” said K Seiler, who manages Ecology’s hazardous waste and toxics reduction program. “Local processing for business and industrial wastes benefits our state’s economy and environment. We want the company to succeed at this, but properly and without violations.”

The violations fell into three general categories:

  • Storage of dangerous waste in excess of required time limits.
  • Inadequate training and management of supervisors and employees to follow conditions and standards of the facility’s dangerous waste permit.
  • Failure to follow procedures required to ensure safe separation of incompatible materials.

The violations included a fire at the facility, which started because incompatible wastes came into contact and ignited.

“Our company has worked cooperatively with Ecology and the community to ensure our waste handling practices are safe and protective,” said Barbara Smith, Burlington Environmental spokesperson. “It is important to note that none of these incidents caused immediate threat to human or environmental health. No workers were injured. We corrected these issues quickly and diligently work to improve our compliance with the rules and regulations that govern our business.”

The company has the right to appeal the penalty to the Washington State Pollution Control Hearings Board within 30 days.

Burlington Environmental has paid $868,000 in penalties or through penalty settlements from 2001 to 2012.

Ensuring proper safety and environmental practices at hazardous waste processing facilities supports Ecology’s priority of preventing and reducing toxic threats to human health and the environment.

NOTE:  In Washington (a state with an authorized hazardous waste program) what is defined by the USEPA as a Hazardous Waste is identified as a Dangerous Waste.  In addition, Washington’s Department of Ecology (Ecology) has identified “state-only” dangerous wastes which also fit under its definition of Dangerous Waste.  Learn more about how to identify and designate Dangerous Waste on Ecology’s website.

####

Media Contact:

Larry Altose, Ecology media relations, 425-649-7009, larry.altose@ecy.wa.gov
Dave Misko, Ecology compliance supervisor, 425-649-7014
Barbara Smith, Burlington Environmental spokesperson, 206-605-3392

More information:

Hazardous Waste Facilities: (www.ecy.wa.gov/programs/hwtr/hwfacilities/index.html)
Dec. 19, 2012 news release: Kent dangerous waste facility fined $282,000 (www.ecy.wa.gov/news/2012/406.html)
Ecology’s social media (www.ecy.wa.gov/about/newmedia.html)

Missouri Man Sentenced for Abandoning Hazardous Waste – EPA Bulletin June 2013

On June 4, 2013, MICHAEL J. REDDING, JR., was sentenced to complete a three-year term of probation with a special condition of six months’ home detention. He also was ordered to pay $9,000 in restitution for clean-up costs.  Redding previously pleaded guilty to two RCRA violations stemming from the transportation and abandonment of hazardous waste. In early 2010, the defendant acquired equipment and assets from a bankrupt printing business.  In April, he directed a five-man crew to remove items from the buildings, including drums containing hazardous waste.  Those drums were then transported, without manifests, to another facility that was not permitted to store hazardous waste.  This case was investigated by the United States Environmental Protection Agency Criminal Investigation Division.  It is being prosecuted by Assistant U.S. Attorney Dianna Collins.

Photo of hazardous waste containers in a trailer

Containers of hazardous wastes stored in this trailer prior to being abandoned by Redding

It is interesting to note that this activity as described above is a violation not only of the USEPA’s hazardous waste regulations, but also the Hazardous Materials Regulations of the PHMSA/USDOT.  The transportation of a hazardous waste without a Uniform Hazardous Waste Manifest (or some other shipping paper in the case of a Conditionally Exempt Small Quantity Generator) is itself a violation of the HMR.  It is not mentioned in the article, but is safe to assume that the transportation of the hazardous waste included other violations of the HMR as well, such as:
  • No HazMat Labels or required markings on the containers identifying them as a hazardous material and a hazardous waste.
  • No placards on the truck though the quantity in the image makes it likely they were required.
  • No emergency response information or phone number provided to the carrier.
  • Incorrect segregation and securement of hazardous materials in the vehicle (just look at that picture!)
  • No HazMat Employee training for anyone involved in the transportation of the hazardous material/hazardous waste.  HazMat Employee training for the driver of the vehicle would also require Driver Training.
  • It is possible that a HazMat Safety Permit may be required (take this survey to see if it applies to you).
  • It is likely that registration as a shipper and a carrier of HazMat would be required (take this survey to see if it applies to you).

The transportation of a hazardous waste is subject to the regulations of both the USEPA (and your state) and the PHMSA/USDOT.  Violations of one Agency’s regulations could result in the violation of another’s, quickly compounding your violations, fines, and headaches.  Be sure you are in compliance with the regulations of both agencies, attend one of my Training Seminars, schedule Onsite Training, or register for my Web-Based Training.  No matter what you choose you will meet the training requirements of the respective agencies and you will learn what you need to maintain compliance at your facility year-round.

Energy Department settles with EPA for waste management violations at Hanford

Release Date: 07/01/2013

Contact Information: Mark MacIntyre, EPA/Seattle 206-553-7302/206-369-7999(cell) macintyre.mark@epa.gov

(Seattle – July 1, 2013) The U.S. Department of Energy (DOE) has agreed to improve waste handling practices and pay $136,000 in a settlement announced today by the U.S. Environmental Protection Agency. According to the agreement, DOE allegedly operated several dangerous waste storage units without proper permit authorization and placed waste in a landfill before treating it. Instead, DOE treated the waste after placement, a violation of existing dangerous waste regulations. 

“Today’s agreement includes commitments by DOE to address these allegations and ensure that these units are properly managed,” said Ed Kowalski, director of EPA’s Office of Compliance and Enforcement in Seattle. “When handling mixed (nuclear and hazardous) waste, there’s no such thing as being ‘too careful’. Strict compliance with all dangerous waste requirements is the only acceptable path here.”

Inspections were conducted by the EPA National Enforcement Investigations Center in 2011, where inspectors focused on the facility’s Solid Waste Operational Complex. At this facility, radioactive and dangerous wastes are stored and processed prior to shipment to other locations for treatment and disposal.

Under today’s agreement, DOE will:

· Close eight dangerous waste storage units that EPA contends had not received proper authorization under the state dangerous waste permit.
· Submit closure plans for the eight units through a state dangerous waste permit modification request.
· Close, or request an extension to the time allowed to close, an additional two inactive dangerous waste storage units.
· Treat dangerous waste before disposal as required by state & federal regulations.
· Pay a penalty of $136,000, payable to the U.S. Treasury.

As a state with an authorized hazardous waste program under RCRA, Washington is able to create and enforce its own regulations in lieu of those of the USEPA.  A state’s program will be authorized as long as it is at least as stringent and as broad as that of the USEPA.  In this case the state of Washington refers to “Hazardous Waste” as “Dangerous Waste” which you will notice in the above news release.  Washington has other state-specific regulations that you must comply with if you wish to avoid fines and penalties paid by the DOE.

At my Seminar Training I will point out the differences between the USEPA and your state when possible.  For Onsite Training I will research your state’s regulations and provide an in-depth explanation of what is required for compliance.  Please contact me for a free training consultation.

EPA Orders Company to Address Contamination at Former Aluminum Production Site in Ravenswood, West Virginia

PHILADELPHIA (June 5, 2013) — The U.S. Environmental Protection Agency has ordered Century Aluminum of West Virginia to develop an updated cleanup plan for a former industrial facility in Ravenswood, W.Va., that was used for the storage and disposal of hazardous materials that were byproducts of aluminum production.

EPA is currently overseeing cleanup activities at the site, located on Route 2 South, Century road, Ravenswood, W.Va., where soil and groundwater is contaminated with cyanide, fluoride, lead, arsenic and Polycyclic Aromatic Hydrocarbons (PAHs). Cleanup work includes restoration of contaminated groundwater to drinking water standards and to control human and environmental exposure to hazardous wastes in the soil that remain in place at the plant.

Under the order announced today, the company must develop a plan, known as a materials management plan, that identifies specific locations at the plant where contaminants remain, and put in place procedures and safeguards for any future construction or excavation in those areas. The plan must be approved by EPA and the West Virginia Department of the Environmental Protection. The plan must include a health and safety section for the safety of workers and contractors doing excavation or construction work in these known contaminated areas.

The order also restricts using groundwater beneath the property for drinking water. Using the property for any purpose other than industrial is prohibited unless it is demonstrated that there is no threat to human health or the environment.

Aluminum production began at the site in 1957 when Kaiser Aluminum and Chemical Corporation began operations. The facility included a plant that produced aluminum from alumina ore, and a plant that produced plate and coil aluminum alloy. The former Kaiser plant was sold in 1989 to Ravenswood Aluminum Corporation, which later changed its name to Century Aluminum of West Virginia. In 1999, Century Aluminum sold 500 acres of the facility to Pechiney Rolled Products but Century Aluminum retained the plant that produces aluminum, which covered approximately 350 acres. In February 2009, Century Aluminum shut down the aluminum production operation due to the low demand for aluminum.

For more information about EPA’s civil enforcement of the Resource Conservation and Recovery Act (RCRA), go to: http://www.epa.gov/compliance/cleanup/rcra/

It is interesting to note that this enforcement action is being handled under the authority of RCRA and not under the Superfund Amendments and Reauthorization Act (SARA) which amended the earlier Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  While SARA has the authority to clean-up abandoned sites and spills where ownership cannot be established, RCRA has the authority to recover contaminated sites where ownership is known, as in this case.

EPA Fines Phoenix Lamp Recycler More Than $70,000 for PCB Violations

News Release:
06/05/2013

For Immediate Release: June 5, 2013

Contact:  Rusty Harris-Bishop, 415-972-3140, harris-bishop.rusty@epa.gov                                                                                                                        

SAN FRANCISCO: The U.S. Environmental Protection Agency announced today that it has settled with Lighting Resources, LLC for $71,500 for violations relating to its handling of PCBs (polychlorinated biphenyls) at its Phoenix, Ariz. recycling facility.

“Exposure to PCBs is a concern whenever facilities are handling materials containing these toxic chemicals,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our goal is to safeguard worker health and nearby communities by ensuring that Lighting Resources takes the necessary steps to improve the safety of their recycling and disposal practices.” 

The facility is permitted under the Toxic Substances Control Act (TSCA) to manage and store PCB wastes. Separate permits allow the facility to recycle fluorescent lamps and ballasts, batteries, electronic wastes, and mercury devices. The facility also manages non-PCB ballasts, phosphorous powders, aerosol cans, and mercury containing wastes. The company operates facilities in five states and is one of the nation’s largest ballast processors.

EPA inspections in 2008 and 2012 found that the Phoenix facility had not effectively decontaminated its PCB handling area, documented the transport and disposal of PCB-contaminated materials, or properly labeled PCB and hazardous waste containers.

PCBs are man-made organic chemicals used in paints, industrial equipment, plastics, and cooling oil for electrical transformers. More than 1.5 billion pounds of PCBs were manufactured in the United States before the EPA banned the production of this chemical class in 1978, and many PCB-containing materials are still in use today.

When released into the environment, PCBs remain for decades. Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans. Acute PCB exposure can also adversely affect the nervous, immune, and endocrine systems as well as liver function. Concerns about human health and the extensive presence and lengthy persistence of PCBs in the environment led Congress to enact TSCA in 1976.

For more information on PCB regulation and enforcement, as well as TSCA enforcement in general, please visit the EPA’s website at:

Also, you may read this earlier article of mine about the presence of PCBs and DEHP in lighting ballast:  Disposal of Lighting Ballast – Consideration of PCBs and DEHP.

Wal-Mart Pleads Guilty to Federal Environmental Crimes and Civil Violations. Will Pay More Than $81 Million for improper handling of hazardous wastes and pesticides

WASHINGTON – Wal-Mart Stores Inc. pleaded guilty today in cases filed by federal prosecutors in Los Angeles and San Francisco to six counts of violating the Clean Water Act by illegally handling and disposing of hazardous materials at its retail stores across the United States. The Bentonville, Ark.-based company also pleaded guilty today in Kansas City, Mo., to violating the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by failing to properly handle pesticides that had been returned by customers at its stores across the country.

As a result of the three criminal cases brought by the Justice Department, as well as a related civil case filed by the U.S. Environmental Protection Agency (EPA), Wal-Mart will pay approximately $81.6 million for its unlawful conduct. Coupled with previous actions brought by the states of California and Missouri for the same conduct, Wal-Mart will pay a combined total of more than $110 million to resolve cases alleging violations of federal and state environmental laws.

According to documents filed in U.S. District Court in San Francisco, from a date unknown until January 2006, Wal-Mart did not have a program in place and failed to train its employees on proper hazardous waste management and disposal practices at the store level. As a result, hazardous wastes were either discarded improperly at the store level – including being put into municipal trash bins or, if a liquid, poured into the local sewer system – or they were improperly transported without proper safety documentation to one of six product return centers located throughout the United States. 

“By improperly handling hazardous waste, pesticides and other materials in violation of federal laws, Wal-Mart put the public and the environment at risk and gained an unfair economic advantage over other companies,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today, Wal-Mart acknowledged responsibility for violations of federal laws and will pay significant fines and penalties, which will, in part, fund important environmental projects in the communities impacted by the violations and help prevent future harm to the environment.”

“Federal laws that address the proper handling, storage and disposal of hazardous wastes exist to safeguard our environment and protect the public from harm,” said André Birotte Jr., the U.S. Attorney for the Central District of California. “Retailers like Wal-Mart that generate hazardous waste have a duty to legally and safely dispose of that hazardous waste, and dumping it down the sink was neither legal nor safe. The case against Wal-Mart is designed to ensure compliance with our nation’s environmental laws now and in the future.”

“As one of the largest retailers in the United States, Wal-Mart is responsible not only for the stock on its shelves, but also for the significant amount of hazardous materials that result from damaged products returned by customers,” said Melinda Haag, U.S. Attorney for the Northern District of California. “The crimes in these cases stem from Wal-Mart’s failure to comply with the regulations designed to ensure the proper handling, storage, and disposal of those hazardous materials and waste. With its guilty plea today, Wal-Mart is in a position to be an industry leader by ensuring that not only Wal-Mart, but all retail stores properly handle their waste.”

“This tough financial penalty holds Wal-Mart accountable for its reckless and illegal business practices that threatened both the public and the environment,” said Tammy Dickinson, U.S. Attorney for the Western District of Missouri. “Truckloads of hazardous products, including more than 2 million pounds of pesticides, were improperly handled under Wal-Mart’s contract. Today’s criminal fine should send a message to companies of all sizes that they will be held accountable to follow federal environmental laws. Additionally, Wal-Mart’s community service payment will fund important environmental projects in Missouri to help prevent such abuses in the future.”

“The FBI holds all companies, regardless of size, to the same standards,” said FBI Special Agent in Charge David J. Johnson of the San Francisco Field Office. “We will continue to work closely with our law enforcement partners to ensure there is a level playing field for all businesses and that everyone follows the rules.”

“Today Wal-Mart is taking responsibility for violating laws that protect people from hazardous wastes and chemicals,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Walmart is committing to safe handling of hazardous wastes at all of its facilities nationwide, and action that will benefit communities across the country.” 

Wal-Mart owns more than 4,000 stores nationwide that sell thousands of products which are flammable, corrosive, reactive, toxic or otherwise hazardous under federal law. The products that contain hazardous materials include pesticides, solvents, detergents, paints, aerosols and cleaners. Once discarded, these products are considered hazardous waste under federal law.

Wal-Mart pleaded guilty this morning in San Francisco to six misdemeanor counts of negligently violating the Clean Water Act. The six criminal charges were filed by the U.S. Attorney’s Office in Los Angeles and San Francisco (each office filed three charges), and the two cases were consolidated in the Northern District of California, where the guilty pleas were formally entered before U.S. Magistrate Judge Joseph C. Spero. As part of a plea agreement filed in California, Wal-Mart was sentenced to pay a $40 million criminal fine and an additional $20 million that will fund various community service projects, including opening a $6 million Retail Compliance Assistance Center that will help retail stores across the nation learn how to properly handle hazardous waste.

In the third criminal case resolved today, Wal-Mart pleaded guilty in the Western District of Missouri to violating FIFRA. According to a plea agreement filed in Kansas City, beginning in 2006, Wal-Mart began sending certain damaged household products, including regulated solid and liquid pesticides, from its six return centers to Greenleaf LLC, a recycling facility located in Neosho, Mo., where the products were processed for reuse and resale. Because Wal-Mart employees failed to provide adequate oversight of the pesticides sent to Greenleaf, regulated pesticides were mixed together and offered for sale to customers without the required registration, ingredients, or use information, which constitutes a violation of FIFRA. Between July 2006 and February 2008, Wal-Mart trucked more than 2 million pounds of regulated pesticides and additional household products from its various return centers to Greenleaf. In November 2008, Greenleaf was also convicted of a FIFRA violation and paid a criminal penalty of $200,000 in 2009. 

Pursuant to the plea agreement filed in Missouri and accepted today by U.S. District Judge John T. Maughmer, Wal-Mart agreed to pay a criminal fine of $11 million and to pay another $3 million to the Missouri Department of Natural Resources, which will go to that agency’s Hazardous Waste Program and will be used to fund further inspections and education on pesticide regulations for regulators, the regulated community and the public. In addition, Wal-Mart has already spent more than $3.4 million to properly remove and dispose of all hazardous material from Greenleaf’s facility.

In conjunction with today’s guilty pleas in the three criminal cases, Wal-Mart has agreed to pay a $7.628 million civil penalty that will resolve civil violations of FIFRA and Resource Conservation and Recovery Act (RCRA). In addition to the civil penalties, Wal-Mart is required to implement a comprehensive, nationwide environmental compliance agreement to manage hazardous waste generated at its stores. The agreement includes requirements to ensure adequate environmental personnel and training at all levels of the company, proper identification and management of hazardous wastes, and the development and implementation of Environmental Management Systems at its stores and return centers. Compliance with this agreement is a condition of probation imposed in the criminal cases.

The criminal cases announced today are a result of investigations conducted by the FBI and the EPA, which received substantial assistance from the California Department of Substance and Toxics Control, and the Missouri Department of Natural Resources.

In Missouri, the case was prosecuted by Deputy U.S. Attorney Gene Porter and ENRD Senior Trial Attorney Jennifer Whitfield of the Environmental Crimes Section of the Environment and Natural Resources Division. In California, the cases were prosecuted in Los Angeles by Assistant U.S. Attorney Joseph O. Johns and in San Francisco by Assistant U.S. Attorney Stacey Geis. 

Release Date: 05/28/2013

 

Contact Information: Dale Kemery (News media only) kemery.dale@epa.gov 202-564-7839 202-564-4355

More information about the case: URL http://www.epa.gov/enforcement/waste/cases/walmart.html

Owner of Colorado Aircraft Painting Company Pleads Guilty to Unlawfully Treating Hazardous Waste

On March 12, 2013, NORMAN TELTOW, owner of Gold Metal Paint Co. LLC (GMP), pleaded guilty in federal district court in Denver to a criminal information charging him with illegally treating hazardous waste at the company’s facility.  Teltow, who will be sentenced on June 10, 2013, faces a maximum sentence of five years in prison, a $250,000 fine, and three years of supervised release.

Teltow operated GMP out of a hangar near the Front Range Airport in Watkins, Colo. GMP was primarily in the business of painting small aircraft.  During the course of its business, GMP created hazardous waste in the form of spent methylene chloride-based solvents mixed with paint waste.  Methylene chloride, a listed hazardous waste, is both ignitable and toxic. Moreover, exposure to methylene chloride can cause skin irritation, headache, dizziness, nausea, and vomiting.  Under the Resource Conservation and Recovery Act, GMP was required to use a licensed waste management company to transport the hazardous waste to a licensed facility for disposal.  To avoid the costs associated with proper disposal, Teltow directed GMP employees to store the spent solvents in an underground tank below the facility, knowing that it was illegal to store the waste in that manner.

When the Colorado Department of Public Health and Environment (CDPHE) became aware that Teltow and GMP were storing hazardous waste in an underground tank, the agency conducted an inspection and ordered Teltow to hire a licensed waste management company to pump the waste out of the tank and dispose of it properly. CDPHE further ordered that the tank be cleaned, that the trench drain leading to the underground tank be sealed, and that GMP use a licensed waste management company to transport all hazardous waste in the future.  In response to CDPHE’s orders, Teltow hired a licensed waste management company to pump out the tank, and sealed off the trench drain to the underground tank. However, rather than hire a licensed waste management company to clean out the tank, Teltow ordered subordinate employees to clean out the tank without the benefit of any personal protective equipment.  The employees were exposed to hazardous waste containing methylene chloride, and suffered from headaches, dizziness, and nausea.

Teltow then devised a new plan for treating GMP’s hazardous waste by “evaporating” it into the atmosphere.  Teltow ordered subordinate GMP employees to pour the hazardous waste onto the floor of the hangar at the end of the work day.  Workers would then leave the hangar doors ajar and allow the methylene-chloride waste to  evaporate.  Teltow knew that it was illegal to treat the hazardous waste in this manner.  When Teltow’s “evaporation” method was unsuccessful at treating all of the waste that GMP accumulated, Teltow drilled open the trench drain so that the waste could again flow into the underground tank.

The investigation was conducted by EPA’s Criminal Investigation Division, with assistance from inspectors at the Occupational Safety and Health Administration and CDPHE.  The case was prosecuted by James B. Nelson of the Department of Justice’s Environmental Crimes Section.

A generator of any waste is required to determine if it is a hazardous waste by conducting a Hazardous Waste Determination.  Hazardous waste must then be managed and disposed of according to the RCRA regulations based on your hazardous waste generator status.  The on-site treatment of hazardous waste, even a listed hazardous waste, is allowed, as long as it is done properly and in compliance with the regulations.  Four hours of hazardous waste training along with four more hours of HazMat Employee training required by the USDOT will give you the knowledge and the tools to ensure compliance at your facility.