hazardous waste violations

Michigan Electro-Plating Company and Owner Sentenced for Illegally Storing Hazardous Waste

The Bullet:

Electro-Plating Services Inc. (EPS), located in Madison Heights, Michigan, was sentenced in federal court in Detroit on November 6, 2019 to five years of probation, and was ordered to pay restitution of $1,449,963.94 joint and several with Gary Sayers to the U.S. Environmental Protection Agency. Sayers, EPS’s owner, was sentenced to one year in prison followed by three years of supervised release. EPS and Sayers pleaded guilty on Feb. 14, 2018 to violating the Resource Conservation and Recovery Act (RCRA).

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Who:
  • Gary Sayers, owner of Electro-Plating Services, Inc.
  • Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division
  • U.S. Attorney Matthew Schneider of the Eastern District of Michigan
  • Special Agent in Charge Jennifer Lynn of the EPA’s criminal enforcement program in Michigan
What:
hazardous waste violation

Pit used to illegally store hazardous waste

  • The crime related to Sayers’s operation of EPS, which used chemicals such as cyanide, chromium, nickel, chloride, trichloroethylene, and various acids and bases, as part of the plating process. After these chemicals no longer served their intended purpose, they became hazardous wastes, which required handling in compliance with RCRA.
  • Rather than having EPS’s hazardous wastes legally transported to a licensed hazardous waste facility, Sayers stored the hazardous waste in numerous drums and other containers, including a pit dug into the ground in the lower level of the EPS building in Madison Heights. For years, Sayers stonewalled state efforts to get him to legally manage the hazardous wastes. Ultimately, the EPA’s Superfund program spent $1,449,963.94 to clean up and dispose of the hazardous wastes.
  • According to court records, Sayers—who owned and was the President of EPS—knew that such storage was illegal and had managed the company’s former Detroit facility where he kept hazardous wastes illegally.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

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When:
  • Starting in 1996, the Michigan Department of Environmental Quality (MDEQ) repeatedly sent Mr. Sayers warnings about his illegal handling of hazardous waste.
  • In 2005, Sayers was charged with and pleaded guilty to illegally transporting hazardous wastes in state court.
  • During the ensuing years, the MDEQ attempted to get Sayers and EPS to properly manage the amounts of hazardous wastes piling up at the Madison Heights location. The MDEQ issued numerous letters of warning and violation notices to the company regarding its hazardous wastes.
  • In 2016, the MDEQ identified over 5,000 containers of liquid and solid wastes at the Madison Heights location. That same year, the city of Madison Heights revoked the company’s occupancy permit.
  • In January 2017, the EPA initiated a Superfund removal action, after determining that nature and threats posed by the stored hazardous waste required a time-critical response.
  • The cleanup was completed in January 2018.
  • Sentencing November 6, 2019.
Where:
  • Electro-Plating Services Inc. (EPS), located in Madison Heights, Michigan
Illegal storage of hazardous waste

Illegal storage of hazardous waste

Why:
  • “This case shows that anyone who chooses to do business with dangerous materials must obey federal laws that protect our fellow Americans and the environment. These defendants’ knowing, illegal storage of waste cyanide, highly corrosive wastes, toxic chromium waste, and reactive wastes posed a significant danger and threat to nearby communities and the environment,”
  • “They disregarded the law and numerous warnings and requests by state authorities to comply with their legal obligations. The Department of Justice will act to protect public health and safety.”
How:
  • The case was investigated by EPA’s Criminal Investigation Division, the Michigan Department of Natural Resources-Environmental Investigation Section, the Michigan Department of Environment, Great Lakes, and Energy (EGLE, formerly the MDEQ) and the Coast Guard Investigative Service.
  • The case was prosecuted by a DOJ litigation team.

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Conclusion:

The conclusion I draw from this is that you can avoid compliance with the hazardous waste regulations for a long time.  From its beginning in 1996 (and I would not be surprised if it started long before that) until sentencing in 2019 is 25 years!  Twenty five years of being in business, making a profit, and violating federal and state regulations.  I’d like to see a case like this settled long before twenty-five years had passed.  I think that persons who deliberately violate the law are few.  Many more are those who through ignorance violate a regulation and pay a civil penalty instead of criminal prosecution as in this case.

My training won’t keep you out of jail if you break the law but it can help you learn more about the regulations to which you are subject, and with some effort on your part, keep you in compliance.  RCRA training webinars are held regularly and Onsite Training is available.

Palmetto Health Fined for Mishandling Hazardous Waste

The Bullet:

The Palmetto Health Richland has been fined $28,000 by the South Carolina Department of Health and Environmental Control (DHEC) for mismanagement of hazardous waste.  Read the full article in The State.

Who:

What:

DHEC ordered the hospital to complete the following:

Palmetto Health Richland’s response:

A spokeswoman for the hospital said that the violation arose when the waste disposal company that handled the medical waste at Palmetto Health Baptist and Palmetto Health Richland went out of business and was purchased by a competitor.

The new company mislabeled and handled nonhazardous medical waste as though it were hazardous, spokeswoman Tammie Epps said, resulting in a fine because of the greater amount of waste that was erroneously processed as hazardous.

Palmetto Health has since hired a new company to handle its waste.

Where:

Palmetto Health Richland is one of several locations of Palmetto Health.  It is located in Columbia, SC.

When:

The article was published 08.15.17.  No reference is made to the date of the violations or the DHEC action.

Why:

Violations of the hazardous waste regulations documented by DHEC include:

How:

DHEC is the authorized regulatory and enforcement agency for the Federal regulations of the Resource Conservation and Recovery Act (RCRA) within the state of South Carolina.  It has the authority to enforce its state-specific regulations and those of the USEPA it has adopted within the state of South Carolina.  There is no mention of the involvement of the US Environmental Protection Agency in this enforcement action.  Read:  State Authorization Under RCRA

Conclusion:

“No hazardous medical waste was placed in the environment as a result of this processing error.”

-Tammie Epps

I see two fundamental errors made by Palmetto Health that led to these violations.

The first is the over-reliance of a hazardous waste generator on a contractor for their regulatory compliance.  All hazardous waste generators should note that the company Palmetto Health Richland held responsible for the errors paid no fine.  It was not even mentioned in the publication!   They are likely working for some other hazardous waste generator right now and possibly making the same – or worse – mistakes.  Remember:  as the generator of a waste – any waste – you have a “cradle-to-grave” responsibility for its management that continues through off-site transportation and beyond its final treatment, storage, or disposal.  Read:  Hazardous Waste Generator Cradle-to-Grave Responsibility

The second error is a failure to provide hazardous waste personnel training for employees responsible for the management of waste.  A large quantity generator of hazardous waste must provide initial training to its personnel followed by an annual review.  A small quantity generator need only ensure its personnel are “thoroughly familiar” with how to manage hazardous waste and how to respond to a hazardous waste emergency (more…).  A very small quantity generator has no training requirement at all.  However, no matter a company’s hazardous waste generator status, high-quality training like mine (either Onsite or Web-Based) provides the knowledge to ensure that violations such as this don’t occur.

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Keep it simple!  Contact me to provide the training you need to ensure compliance with the regulations of the USEPA and your state.

More information:

Zippo Manufacturing Settles Hazardous Waste Violations at Bradford, Pa. Plant

The Bullet:

Zippo Manufacturing Company will pay a $186,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in Bradford, Pa.

Who:

Zippo Manufacturing Company

And…

United States Environmental Protection Agency (EPA) – Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029

Phone – 215/814-5100 Fax – 215/814-5102

Contact: Roy Seneca seneca.roy@epa.gov 215-814-5567

What:

The alleged RCRA violations include:

  • Storage of hazardous waste without interim status or a permit.  This could be as simple as exceeding the on-site accumulation time limit – 90 days for a large quantity generator or 180 days for a small quantity generator.  On-site storage in excess of these limits is forbidden without a permit.
  • Operation of an unpermitted thermal treatment unit.  This could be as simple as hanging solvent-contaminated rags out to dry or allowing volatile solvents (e.g. solvent-based paint) to evaporate at room temperature.  Thermal treatment of a hazardous waste is not allowed without a permit.
  • Failure to properly manage hazardous waste containers.  I don’t have enough information here, but examples of improper management of a hazardous waste container include:
    • Not marked with the words “Hazardous Waste” and the initial date of accumulation.
    • Not kept closed except when actively adding or removing hazardous waste.
    • Not in good condition.
    • Hazardous waste or hazardous waste residue on the outside of the container.
    • Reactive (D003) or Ignitable (D001) hazardous waste within 50′ of the facility property line.
  • Failure to maintain job descriptions of personnel managing hazardous waste.  This frequently misunderstood requirement is found in the regulations for documenting annual Hazardous Waste Personnel Training at a large quantity generator of hazardous waste.
    • Take this survey to determine your hazardous waste generator status.
    • Read this article to learn more about the requirement to maintain job descriptions of personnel managing hazardous waste.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

EPA also alleged violations of the Emergency Planning and Community Right-to-Know Act (EPCRA).  According to EPA, Zippo did not submit annual toxic release reports for three chemicals – copper, nickel and chromium — for three years when the facility used or processed chemicals in reportable quantities.

Where:

Zippo Manufacturing Company is located in Bradford, PA.

When:

Published: August 25, 2015

There are no other dates mentioned in the published news release.

Why:

EPA cited Zippo for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Zippo has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

How:

Inspectors of the U.S. Environmental Protection Agency (EPA) can enter the property of a hazardous waste generator at any reasonable time in order to conduct an inspection.  Inspectors are authorized to inspect any area of the facility that hazardous waste are or have been and to inspect records documenting compliance.  The hazardous waste generator is required to make three years of records accessible in the event of an inspection.

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Conclusion:

All generators of hazardous waste – regardless of their status – should be prepared for an inspection of their facility by either state or Federal agents at any time.  Are you prepared?  Can you demonstrate compliance on the shop floor and in the records you maintain.  My training for Hazardous Waste Personnel will meet the regulatory requirements, identify potential violations like these, and answer any questions you may have about both state and Federal regulations for the management of hazardous waste (and universal waste, used oil, & non-hazardous waste).

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

 

Saint-Gobain Plastics Assessed $1,730 Penalty for Hazardous Waste Management Violations, Must Provide iPads to Worcester Fire Dept.

Read the news release:  Saint-Gobain Plastics Assessed $1,730 Penalty for Hazardous Waste Management Violations, Must Provide iPads to Worcester Fire Dept.

BOSTON – Saint-Gobain Performance Plastics Corporation, which operates a coating facility at 717 Plantation Street in Worcester, has been assessed penalties totaling $6,900 by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste regulations.

During a routine inspection conducted in the fall of 2012, MassDEP determined the company had accumulated hazardous waste for longer than the time allowed under its registered generator status. As part of a consent order with MassDEP, the company will pay a $1,730 penalty and perform a Supplemental Environmental Project in lieu of paying a larger penalty amount.

The project includes the purchase of four iPads and associated hardware and software that will be given to the Worcester Fire Department. The iPads will allow first-responders to access a chemical database web site while in the field, providing them with detailed chemical datasheets within seconds.

“The company, once notified of the violation, took steps quickly to return to compliance and proposed the Supplemental Environmental Project,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester.  “The iPads will be a great resource for the Worcester Fire Department and greatly assist in their response to certain emergency situations.”

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills and the preservation of wetlands and coastal resources.

It’s good that the company quickly returned to compliance.  It would be even better if it had not had the violations in the first place.  Contact me for a free RCRA training consultation or with any questions you may have about the management of hazardous waste.

Chicopee Company Pays Fine and Ships over 40,000 lbs of Hazardous Waste, Protecting Human Health and the Environment

Read the press release:  Chicopee Company Pays Fine and Ships over 40,000 lbs of Hazardous Waste, Protecting Human Health and the Environment

Release Date: 12/19/2013
Contact Information: Emily Zimmerman, 617-918-1037

(Boston, Mass) A paint manufacturer in Chicopee, Mass. has agreed to pay a penalty of $153,917 to resolve claims by the US Environmental Protection Agency that it violated federal hazardous waste laws.

In an agreement signed recently with EPA’s New England office, C & C Ventures, also known as Randolph Products, agreed to pay the penalty and to comply with the federal Resource Conservation and Recovery Act (RCRA).

Last June, EPA filed a complaint against the company alleging violations of hazardous waste management laws. C&C Ventures manufactures a variety of paint products at its Chicopee, Mass. facility. Its violations included

  • Failure to properly identify hazardous wastes.
  • Failure to properly label and store hazardous waste containers.
  • Failure to train personnel who manage hazardous waste.

Hazardous waste regulations under RCRA are designed to ensure that operating facilities manage hazardous wastes in an environmentally sound manner from “cradle to grave” in order to prevent releases that could pose risks to human health and the environment. Manufacturing facilities often generate hazardous wastes during production, and those wastes must be properly managed and disposed of.

Since EPA’s discovery of the alleged violations at the Chicopee, Mass company, over 40,000 lbs of hazardous waste have been shipped off site to a licensed hazardous waste facility. In addition to paying a penalty totaling $153,917 for violations of RCRA, C&C Ventures has also worked to come into compliance so as to continue protecting human health and the environment in the future by:

• properly determining whether or not wastes are hazardous;
• properly labeling and storing hazardous waste containers;
• providing hazardous waste training to employees; and
• conducting weekly inspections of hazardous waste storage areas.

More information: Enforcing hazardous waste laws in New England (http://www.epa.gov/region1/enforcement/waste/index.html)

It’s no surprise to me that among the facility’s violations was a lack of training.  The RCRA training provided by Daniels Training Services will help you to avoid these kinds of penalties.  Please contact me for your free training consultation.

Phillips 66 Company Settles Hazardous Waste Violations at its Former Refinery in Trainer, Pa.

US EPA News Release:

PHILADELPHIA (Jan. 22, 2013) — Phillips 66 Company has agreed to pay a $50,000 penalty to settle alleged violations of hazardous waste regulations at its former refinery located in Trainer, Pa., the U.S. Environmental Protection Agency announced today.

Phillips 66 Company is the successor to ConocoPhillips Corporation, which owned the refinery at 4104 Post Rd., Trainer, Pa. The facility was sold to Monroe Energy, a subsidiary of Delta Airlines in 2012.

EPA cited the company for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

Following two inspections in 2011 and 2012 by EPA and subsequent requests for information, EPA cited Phillips 66 for RCRA violations involving hazardous waste stored at the facility, including oil refinery hydrocarbon waste, chromium waste, heavy metal waste from batteries, and mercury waste from fluorescent bulbs.

The alleged violations included operating a hazardous waste treatment, storage or disposal facility without a permit, failure to keep several hazardous waste containers closed except when necessary to add or remove waste, failure to update the company’s contingency plan following a change in emergency coordinators, failure to maintain hazardous waste management personnel designations and job descriptions, and failure to properly manage universal waste batteries and waste lamps.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Phillips 66 Company has neither admitted nor denied liability for the alleged violations.

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm.

York County Company Settles Hazardous Waste Violations at its Glen Rock, Pa. Manufacturing Facility

PHILADELPHIA (Oct. 2, 2012) — Bimax, Inc. has agreed to pay a $36,455 penalty to settle alleged violations of hazardous waste regulations at its chemical manufacturing facility, located at 158 Industrial Road in Glen Rock, Pa., the U.S. Environmental Protection Agency announced today. As part of the settlement, Bimax has also agreed to spend $305,000 to install a system that will eliminate 99 percent of the hazardous pollutants emitted from the facility.

Following a March 2011 compliance inspection at Bimax, EPA noted hazardous waste, including solvents, that was improperly stored in violation of the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

The alleged violations included operating a treatment, storage or disposal facility without a permit, failure to determine if the waste was hazardous, failure to obtain required certification from a qualified professional engineer attesting that the facility’s tank system has sufficient structural integrity for the storage of hazardous waste, failure to monitor pump leaks weekly, and failure to monitor valves for air emission leaks.

By completing the supplemental environment project valued at $305,000, Bimax exceeds the requirements of federal and state environmental regulations. The company will install and operate a thermal oxidizer as part of its existing air pollution control system at the Glen Rock facility that is designed to reduce emissions of volatile organic compounds and hazardous air pollutants by 99 percent.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter. As part of the settlement, Bimax has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm.