minnesota

Industrial Finishing Services investigated by MPCA for air quality, hazardous waste violations

The Bullet:

Industrial Finishing Services, a metal coating company, has been cited for air quality and hazardous waste violations at its facility in Perham. The company had been emitting hazardous air pollutants in quantities larger than allowed by its permit and had also begun construction on a new expansion before receiving a required MPCA permit. IFS has agreed to changes that will bring the facility into compliance with regulations and will pay a $60,000 civil penalty.  View the MPCA News Release.MPCA

Who:

Industrial Finishing Services (IFS), a metal coating company.

MPCA, the Minnesota Pollution Control Agency is authorized to manage the hazardous waste program of the Resource Conservation and Recovery Act in the State of Minnesota.

St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar
www.pca.state.mn.us

Toll-free and TDD 800-657-3864
What:

Alleged violations include:

  • Emissions of volatile organic compounds (VOCs) in excess of the facility’s permit thresholds.
  • Failure to install and operate a thermal oxidizer to control the emissions of hazardous air pollutants associated with the company’s coatings.
  • Failure to apply in a timely manner for a different category of air permit due to increasing levels of air emissions; should have applied in 2009 but did not do so until 2014.
  • Begun construction on a new expansion before receiving a required MPCA permit.
  • Issues with the RCRA Contingency Plan and emergency response planning.
  • Initial (within 6 months) and annual training of Facility Personnel.
  • Use of a non-licensed site for hazardous waste disposal.
  • Pollution risks posed by hazardous waste at the facility.

The company has agreed to changes that will bring the facility into compliance with air pollution and hazardous waste regulations. Many of the corrective actions have been completed. The company has also agreed to pay a $60,000 civil penalty.

Where:

Industrial Finishing Services (IFS) facility subject to these violations is located in Perham, MN.

When:

Initial MPCA inspection conducted Fall of 2013.  News release dated July 3, 2014.

Why:

The mission of the MPCA is to protect and improve the environment and enhance human health

How:

In Minnesota, the MPCA has the authority to create and enforce its own state-specific hazardous waste regulations as long as they are at least as strict and as broad as those of the USEPA.

Conclusion:

The proper management of hazardous waste requires awareness of both Federal and State regulations.  Failure to comply can result in significant fines and penalties.  Consider the cost of my Onsite Training versus a civil penalty such as this.  Once you do, please contact me for a free training consultation.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

MN Pollution Control Agency Completes 68 Enforcement Cases in Second Quarter of 2014

The MPCA completed 68 enforcement cases in 41 Minnesota counties during just the second quarter of 2014 (April-June).  The civil penalties collected due to these violations exceed $735,000.  The MPCA has 107 environmental enforcement investigations that are ongoing and may yet lead to additional civil penalties.

A complete list of all enforcement actions can be found on the agency’s web site at www.pca.state.mn.us.

The following is a brief summary of all 68 cases completed during the second quarter of 2014:

  •  Greenheck Fan Corp., dba Innovent Air Handling Equipment LLC, Minneapolis, for air quality violations, $365,000 (this includes $315,000 toward a supplemental environmental project)
  • Industrial Finishing Services, Perham, for air quality violations, $60,000
  • Twin Ports Excavating LP, Duluth, for stormwater violations, $53,000 (all to be spent on a supplemental environmental project)
  • Two Harbors WWTP, Two Harbors, for water quality violations, $19,000
  • La Roche’s, Inc., Faribault, for subsurface sewage treatment systems violations, $14,000
  • Gold’n Plum Farms LLC, Sauk Rapids, for air quality violations, $10,000
  • Whistling Valley Development WWTP, Lake Elmo, for water quality violations, $10,000
  • Norway Beach, Cass Lake, for water quality violations, $8,413
  • Schriever Farm LLC, Harmony, for feedlot violations, $6,500
  • Vincent & Nancy Hajek property, Glenville, for solid and hazardous waste violations, $6,500
  • Stussy Construction, Inc., Mantorville, for stormwater violations, $5,795
  • A&F Consulting Group, Winona, for asbestos violations, $5,775
  • Sleep Inn Marshall LLC, Marshall, for stormwater violations, $5,700
  • Geo’s Paint & Finish LLC, Brainerd, for hazardous waste violations, $5,688
  • 528 Partnership LLP, St. Paul, for stormwater violations, $5,600
  • Aaron Carlson Corporation, Minneapolis, for hazardous waste violations, $5,500
  • Steven Mogard, dba Royal Flush Sanitation S&P, Ortonville, for subsurface sewage treatment systems violations, $5,400
  • Hedstrom Lumber Co., Inc., Grand Marais, for air quality violations, $5,050
  • Burns Excavating, Inc., Medina, for stormwater violations, $4,850
  • Rich Demeules, Medina, for stormwater violations, $4,850
  • Albany Recycling Center LLC, Albany, for stormwater violations, $4,700
  • Clearwater Paving, Bemidji, for stormwater violations, $4,700
  • NuCrane Manufacturing, Hutchinson, for stormwater violations, $4,700
  • Consolidated Construction Co., Inc., Marshall, for stormwater violations, $4,300
  • Westman Freightliner, Mankato, for stormwater violations, $4,200
  • Arrowhead Recycling Center, Two Harbors, for stormwater violations, $4,150
  • Castle Danger Demolition Landfill, Two Harbors, for stormwater violations, $4,150
  • AW Kuettel and Sons, Inc., Duluth, for stormwater violations, $4,083.75
  • Fosston WWTP, Fosston, for water quality violations, $4,019
  • Sam’s Well Drilling, Inc., Kevin Sorge property, Austin, for water quality violations, $4,000
  • BH Heselton Demolition Landfill, Faribault, for stormwater violations, $3,900
  • Cedar Lake Engineering, Inc., Maple Lake, for stormwater violations, $3,900
  • Concast, Inc., Zumbrota, for stormwater violations, $3,900
  • Innova Industries, Inc., Fergus Falls, for stormwater violations, $3,900
  • PaR Nuclear, Shoreview, for stormwater violations, $3,900
  • Pepsi Beverages Co., Burnsville, for stormwater violations, $3,900
  • Scott Equipment Co., New Prague, for stormwater violations, $3,900
  • Silgan Containers Mfg. Corp., Savage, for stormwater violations, $3,900
  • Viracon, Inc., Owatonna, for air quality violations, $3,700
  • Otter Tail Power Co., Hoot Lake Plant, Fergus Falls, for water quality violations, $3,550
  • Gerdau Ameristeel US, Inc., St. Paul, for air quality violations, $3,500
  • Prinsco, Inc., Prinsburg, for stormwater violations, $3,400
  • L&S Construction, Springfield, for stormwater violations, $3,000
  • Zufall Pit, Owatonna, for stormwater violations, $2,854
  • Allen & Joey Greibrok, Austin, for asbestos violations, $2,750
  • Automotive Concepts, New Hope, for air quality violations, $2,700
  • Avon Body Shop, Avon, for air quality violations, $2,500
  • Red Wing Cabinetry, Red Wing, for air quality violations, $2,025
  • Brad Moe, Chanhassen, for stormwater violations, 1,900
  • Cans R Us, Inc., Little Falls, for subsurface sewage treatment system violations, $1,800
  • Lake City WWTP, Lake City, for water quality violations, $1,775
  • St. Francis Medical Center, Breckenridge, for air quality violations, $1,688
  • ISD 676-Badger Public Schools, Badger, for air quality violations, $1,688
  • Lundin Construction-NM, Cromwell, for air quality violations, $1,688
  • Marcom Service, Inc., New Hope, for air quality violations, $1,688
  • Rajala Mill Company, Bigfork, for air quality violations, $1,688
  • Spring Prairie Hutterite Colony WWTP, Hawley, for water quality violations, $1,625
  • Kaufman Container, Minneapolis, for air quality violations, $1,563
  • Eugene Holst, Austin, for water quality violations, $1,500
  • Judy Marshal & Susan Kehret, c/o Patricia Woodfill, Brownsdale, for water quality violations, $1,500
  • Daniel Weaver, dba Earth Science Soil Testing, North Branch, for subsurface sewage treatment system violations, $1,150
  • Vreeman Construction, Raymond, for solid and hazardous waste violations, $1,150
  • Gaines Auto Salvage, dba Bridley’s Auto Salvage, Glenville, for stormwater violations, $1,150
  • Superior Truck Auto & Marine, Minnesota City, for air quality violations, $810
  • Ripley’s Inc., Erhard, for subsurface sewage treatment system violations, $660
  • Nick Schmitz, North Branch, for subsurface sewage treatment system violations, $625
  • State Bank of Easton, Wells, for asbestos violations, $500
  • Judy Machining, Inc., Goodview, for air quality violations, $500

Don’t despair businesses of the Gopher State!  Imposing monetary penalties is only part of the MPCA’s enforcement process.  Agency staff will provide assistance, support, and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.

A complete summary of environmental enforcement actions and news releases can be found on the MPCA’s News Media Center Web page.  For questions on specific enforcement cases, please contact Stephen Mikkelson, Information Officer at (218) 316-3887, or toll free at (800) 657-3864.

St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar
www.pca.state.mn.us

Toll-free and TDD 800-657-3864

$20,000 Penalty for Burning Tires and Hazardous Waste

The Bullet:

At the request of Freeborn County the Minnesota Pollution Control Agency (MPCA) investigated properties where several tire fires had occurred in the recent past.  The investigation revealed a generator of hazardous waste improperly disposing of both hazardous and non-hazardous waste through illegal storage, disposal, and open burning.

 Who:

Charles D. Borneman, corporate officer for Albert Lea Trailer Inc. in Freeborn County, Minnesota.

MPCA logo

Make certain you are in compliance with the regulations of the MPCA.

The Minnesota Pollution Control Agency (MPCA).

What:

Albert Lea Trailer Inc. has paid a $20,000 penalty and agreed to comply with state rules that prevent noxious smoke from burning materials such as rubber and a variety of other state regulations that mandate the cradle-to-grave management of hazardous waste.

Where:

Freeborn County, Minnesota.

When:

The multiple fires that sparked the investigation took place in March 2012.

The MPCA Press Release is dated May 8, 2014.

Why:

The open burning of waste by a business (homeowners have a few exceptions) is banned by the Resource Conservation and Recovery Act (RCRA) passed as law in 1976.  Read more about the history of RCRA.  It is also against Minnesota law and just a real bad idea since it releases harmful pollutants (like dioxins) into the air.

Research by the federal Environmental Protection Agency shows that burn barrels are the top source of dioxin in the United States.
How:

As a state with an authorized hazardous waste management program under RCRA, the MPCA has the authority to investigate, enforce, and assess penalties for violations of state environmental regulations.

Conclusion:

Whether you generate a little waste or a lot.  Whether the waste is hazardous, non-hazardous, used oil, or universal waste, you must comply with the regulations of the USEPA or your state for its management at your site, its off-site transportation, and its final disposal.  One requirement of those cradle-to-grave regulations is training for all Facility Personnel who come in contact with hazardous waste.  Contact me for this training or for any questions you have about the management of hazardous waste.

 

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Read the full MPCA press release

Small Business Environmental Assistance Program of the Minnesota Pollution Control Agency

The Bullet:

The Small Business Environmental Assistance Program (SBEAP) provides free, confidential, environmental assistance to small businesses.

Who:

The Small Business Environmental Assistance Program (SBEAP) is a service provided by the Minnesota Pollution Control Agency (MPCA).  The MPCA is the state agency authorized by the USEPA to regulate the protection of the environment (air, land, & water) in Minnesota.

Small businesses are generally defined as independently owned and operated businesses with fewer than 100 employees that are not major sources of waste or emissions.

What:

The focus of the SBEAP is compliance assistance with the regulations of the MPCA, but assistance is also available for going beyond compliance into reducing the regulatory burden faced by small businesses. The SBEAP promotes pollution prevention, best management practices, environmental stewardship, and sustainability.

Where:

Anywhere in the “Land of 10,000 Lakes”.

When:

Assistance begins when you pick up the phone and make the call.

Small Business Environmental Assistance Program staff

  •  Staff: Angie Bourdaghs, Nate Grand, Tom Jablonski, Hien Le, and Aneka Swanson.
  • Hotline: 651-282-6143 or toll free 800-657-3938
  • Fax: 651-297-8701
Why:

Well, it ain’t for the paycheck, the services are free, non-regulatory, and impose no obligations.  If you meet the definition of a small business then this free service is provided by the taxpayers of Minnesota.  And if confidentiality is a concern,

Business-specific information is held confidential from enforcement except in cases of imminent danger to human health and the environment.

How:

The SBEAP provides:

  • One-on-one, compliance assistance on the SBEAP Hotline at 651-282-6143 or 800-657-3938.
  • On-site visits.
  • Educational opportunities such as workshops, trainings, events, printed materials, and informational mailings.
  • Pollution prevention (P2) and best management practice (BMP) assistance and referrals,
  • Communication between the MPCA and businesses.
  • Advocacy on behalf of businesses.
Conclusion:

If I was a small business in Minnesota I would contact the Small Business Environmental Assistance Program of the MPCA whenever I had a question about regulatory compliance.

If you generate a hazardous waste, one thing the SBEAP may tell you is required is to provide annual training for all of your Facility Personnel.  I provide this training and can also provide you with the HazMat Employee training required by the USDOT/PHMSA.  Don’t hesitate to contact me if you have any questions about the regulations of RCRA or the Hazardous Materials Transportation Safety Act.

Ammunition Manufacturing Facility in Anoka, MN Find $44,500 by MPCA for Hazardous Waste Violations

The Bullet:

Federal Cartridge Company has been fined and required to take corrective actions as a result of hazardous waste violations at its ammunition manufacturing facility in Anoka, MN.

Read the press release:  Federal Cartridge Company in Anoka penalized for hazardous waste violations

Contact:  Stephen Mikkelson of MPCA at (218) 316-3887 for more information.

Who:
What:

Federal Cartridge Company has been assessed a fine of $44,500 for the following violations of MPCA regulations:

  • Failure to clean up a discharge of wastewater containing lead.  The leachable concentration of lead in the discharge was determined to be greater than the regulatory threshold of 5.0 mg/L and therefore a hazardous waste for the Toxicity Characteristic of Lead.  By not promptly cleaning-up the discharge of wastewater it becomes on-site disposal of hazardous waste to land without a permit.
  • Failure to gain prior approval from MPCA or to modify its hazardous waste facility permit for construction of a waste treatment tank.  Since the press release refers to a “waste treatment tank” and not a wastewater treatment tank, I assume that Federal Cartridge Company treats its own hazardous waste on-site to reduce it’s volume, make it non-hazardous, or make it easier or cheaper to dispose of.  Further, reference is made to the company’s “hazardous waste facility permit”.  Treatment of wastewater is regulated under the Clean Water Act (CWA) whereas treatment of waste is regulated under the Resource Conservation and Recovery Act (RCRA).
Where:

Federal Cartridge Company is located in Anoka, MN

MPCA & hazardous waste regulations in Minnesota

Be sure you’re in compliance with the MPCA!

When:
  • Initial inspection by MPCA conducted May 2013.
  • Construction project (without MPCA approval) initiated later in 2013.
  • Penalty announced by the MPCA March 19, 2014.
Why:

The actions of Federal Cartridge Company are viewed by MPCA to be a threat to the health and safety of the people and environment of Minnesota and therefore require correction and a penalty.

How:

As a state with an authorized hazardous waste program under RCRA, the MPCA is responsible for the enforcement of hazardous waste regulations in Minnesota.  A state may make its own regulations more strict and more broad than those of the USEPA, which MPCA has done.  MPCA may enter a facility at any reasonable time to conduct an inspection of its property, collect samples for analysis, and review company records.

Conclusion:

Two important take-aways from this incident:

  1. A spill or release that is not promptly cleaned-up may be identified as disposal by a regulatory agency.  If the spill or residue is a hazardous waste, then watch out!
  2. No action should be taken at an industrial facility (and not just industrial, take a look at the $81 MILLION fine paid by WalMart) without considering the impact on environmental regulatory compliance, state and Federal.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/

Hazardous and Solid Waste Violations at Crow Wing County Landfill

The Bullet:
MPCA & hazardous waste regulations in Minnesota

Be sure you’re in compliance with the MPCA!

A county landfill has paid a civil penalty of $12k for its illegal acceptance of liquid hazardous waste.  View the release from the MPCA:  Crow Wing County Landfill penalized for hazardous and solid waste violations

Who:

Crow Wing County Landfill and the Minnesota Pollution Control Agency (MPCA).  Contact:  Stephen Mikkelson, (218) 316-3887

What:

The facility accepted for temporary storage 15 barrels labeled as a characteristic hazardous waste (D001 for Ignitability). The barrels were disposed of in the municipal solid waste portion of the landfill.

Where:

Crow Wing County Landfill is located east of Brainerd, MN

When:

Violation occurred November of 2012.

Announced March 5, 2014

Why:

A hazardous waste (D001 for Ignitability) must be treated, stored, or disposed of only at a facility that has a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA).  Such a facility would also have to operate in compliance with the USEPA regulations of 40 CFR 264/265 (or their State equivalent).  A municipal solid waste landfill cannot accept hazardous waste for disposal unless there is an exception allowed by the state for hazardous waste from a Conditionally Exempt Small Quantity Generator (CESQG).  Given the quantity of hazardous waste in this case, it is unlikely it originated from a CESQG.  Also, liquids of all kinds (hazardous or non-hazardous) are banned from landfill disposal.

How:

As a state with an authorized hazardous waste program, the MPCA has the authority to enforce hazardous waste regulations within Minnesota.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/

Please don’t hesitate to contact me if you have any questions about the management of hazardous waste or the transportation of hazardous materials.

Train Spilled 12,000 Gallons of Oil Across Minnesota

UPDATE 2/6/2014 2:45 PM ET: According to MPCA spokeswoman Cathy Rofshus, “The MPCA directed the railroad to begin cleanup actions Feb. 6, starting in Winona, where there is more oil in the snow between the tracks because the train had slowed. This cleanup is still underway today. Other areas of spillage are far less oiled and cleanup is not feasible — AT THIS TIME — for considerable lengths of the track. However, these areas will continue to be monitored and reassessed through the thaw and additional cleanup done if necessary.” The headline of this piece has been adjusted accordingly.

An oil train sprung a leak while traveling through southeastern Minnesota Monday, dribbling 12,000 gallons of crude oil over a 68-mile stretch of track. The spill was relatively small, but because of the way it spread, officials at the Minnesota Pollution Control Agency said they won’t be able to clean it up.

“It’s like it spray-painted oil,” MPCA spokeswoman Cathy Rofshus explained. She added that the amount leaked was about half the oil contained in a single tanker car. It was nothing, in other words, like the 1.5 million gallon spill that occurred when a train derailed in Lac-Mégantic, Quebec, this past July, killing 47 people.

And it was but a small contribution to the increasing amount of oil being spilled from trains in general: including over 1.15 million gallons in 2013, more than the combined amount spilled over the past four decades of federal record-keeping. Such “mishaps,” according to Bloomberg News, are more likely to occur on trains, while the amount spilled by pipelines, when leaks do occur, tends to be much greater.

Two questions need to be answered about the above incident:
  1. Is the oil being transported by rail a hazardous material as defined by the USDOT?  Refer to the definition at 49 CFR 171.8 for an answer.
  2. If it is a hazardous material, then did the carrier inspect all the rail cars prior to accepting them for transportation as is required by 49 CFR 174.9(a), which reads:

At each location where a hazardous material is accepted for transportation or placed in a train, the carrier must inspect each rail car containing the hazardous material, at ground level, for required markings, labels, placards, securement of closures, and leakage. These inspections may be performed in conjunction with inspections required under parts 215 and 232 of this title.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

If you are involved in any stage of the transportation of a hazardous material as a Shipper (0r Offeror), a Carrier, or as the destination facility (receiver) you must comply with the Hazardous Material Regulations of the PHMSA/USDOT which includes a requirement to provide triennial training for all HazMat Employees.  Don’t hesitate to contact me for HazMat Employee Training, RCRA Hazardous Waste Training or any questions about your training needs.

MPCA completes 63 enforcement cases in third quarter of 2013

St. Paul, Minn. – In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency concluded 63 enforcement cases in 39 counties throughout Minnesota during the third quarter of 2013.

Penalties from all 63 cases totaled just over $577,000.  About 45% of that total will be spent toward the completion of two supplemental environmental projects.  Vonco V of Duluth will spend $240,000 to remove hazardous materials, demolish buildings, dispose of building materials, and conduct site-restoration activities at what could amount to about 20 blighted properties in Duluth.  The Hibbing Public Utilities Commission will spend $17,250 on improvements to its facilities to reduce dust emissions.

Imposing monetary penalties is only part of the MPCA’s enforcement process.  Agency staff continue to provide assistance, support, and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.

The following is a brief summary of all 63 cases completed during the third quarter of 2013:

  • Vonco V LLC/Victory & Vision Properties LLC, Duluth, for air quality and solid waste violations – $300,000 (this includes $240,000 toward a supplemental environmental project)
  • Hibbing Public Utilities Commission, Hibbing, for air quality violations – $34,500 (this includes $17,250 toward a supplemental environmental project)
  • Specialty Minerals, Inc., International Falls, for air quality violations – $24,000
  • Minnesota Department of Transportation, Princeton, for stormwater violations – $13,750
  • Vermillion Fuel, Tower, for above ground storage tank violations – $9,018
  • Hoyt Lakes wastewater treatment plant, Hoyt Lakes, for water quality violations – $8,950
  • St. Cloud Hospital, St. Cloud, for hazardous waste violations – $7,250
  • Ferrell Co., Annandale, for above ground storage tank violations – $7,040
  • Henkemeyer Demolition Landfill, Sauk Rapids, for solid waste violations – $7,000
  • Chet’s Plumbing, Menahga, for individual septic treatment system violations – $6,235
  • Eckert Farm Supply, Gibbon, for solid waste violations – $6,149
  • Roy Winjum, dba RAW Construction Co., Faribault, for individual septic treatment system violations – $5,394
  • Beaver Bay wastewater treatment plant, Beaver Bay, for water quality violations – $5,322
  • Micom Corp., New Brighton, for water quality violations – $5,218
  • Kurt and Beckie Kronebusch, Plainview, for air quality and solid waste violations – $5,000
  • City of Rochester, Rochester, for stormwater violations – $4,800
  • Geislinger and Sons, Inc., Rochester, for stormwater violations – $4,800
  • Clearwater Forest LLC, South Haven, for water quality violations – $4,700
  • Lyle’s Used Trucks & Truck Parts, Bemidji, for stormwater violations – $4,700
  • Manion Lumber & Truss, Inc., Pillager, for water quality violations – $4,700
  • Elgin Milk Service, Inc., Elgin, for hazardous waste violations – $4,300
  • Houston County Airport, Caledonia, for water quality violations – $4,300
  • Kockelman Construction, Canby, for solid waste violations – $4,225
  • X-cel Optical Co., Sauk Rapids, for hazardous waste violations – $4,200
  • Lake County Gravel Pits, Two Harbors, for water quality violations – $4,190
  • ConAgra Flour Mill, Hastings, for air quality violations – $4,150
  • Stier Trucking LLC, Belle Plaine, for solid and hazardous waste violations – $4,100
  • Kimmes Bauer Well Drilling & Irrigation, Blooming Prairie, for water quality violations – $4,000
  • American Artstone Co., New Ulm, for stormwater violations – $3,900
  • Bergh’s Fabricating, Inc., Willmar, for stormwater violations – $3,900
  • Jarraff Industries, St. Peter, for stormwater violations – $3,900
  • Meeker County Transfer Station, Litchfield, for stormwater violations – $3,900
  • Brannt-Valley Excavating, Winona, for water quality violations – $3,900
  • Wausau Paper Mill LLC, Brainerd, for hazardous waste violations – $3,850
  • Scott Verhelst, Canby, for solid waste violations – $3,737
  • Nashwauk wastewater treatment plant, Nashwauk, for water quality violations – $3,691
  • J-n-J’s Recycling, Inc., Mora, for hazardous waste violations – $3,350
  • Michael Gross, dba Lacey Rentals, Inc., Brandon, S.D., for individual septic treatment system violations – $3,325
  • Richard Serocki, dba Serocki Excavating, Inc., Browns Valley, for individual septic treatment system violations – $3,000
  • Great Lakes Aquarium of Lake Superior, Duluth, for water quality violations – $3,000
  • Dean Ristow Property Services LLC, Mora, for hazardous waste violations – $2,750
  • Randy’s Auto Body & Glass, Redwood Falls, for solid and hazardous waste violations – $2,650
  • Rudy Bjerga Construction, Staples, for solid waste violations – $2,640
  • SMI & Hydraulics, Inc., Porter, for hazardous waste violations – $2,600
  • Lee Hanson, dba Serocki Excavating, Inc., Browns Valley, for individual septic treatment system violations – $2,593
  • Cirrus Design Corp., Duluth, for hazardous waste violations – $2,147
  • Red Wing Cabinetry, Red Wing, for air quality violations – $1,725
  • McKay Lincoln Mercury, Inc., Coon Rapids, for air quality violations – $1,687
  • Pauline Brannan, Kasson, for solid waste violations – $1,625
  • Affordable Pumping Service, Inc., Litchfield, for individual septic treatment system violations – $1,618
  • Renetta Swanson, Dunnell, for air quality and solid waste violations – $1,300
  • Kandi-Lake Excavating, Inc., Lake Lillian, for individual septic treatment system violations – $1,100
  • Precision Septic Service, Alden, for asbestos violations – $1,000
  • Carlson Finishers, Trimont, for feedlot violations – $1,000
  • Roger Matejka Farm, Sherburn, for feedlot violations – $1,000
  • Scott & Lavonne Hipp, Henderson, for solid waste violations – $1,000
  • Lowell Heiderscheidt, dba Heiderscheidt Construction, Sleepy Eye, for solid waste violations – $875
  • Anderson Repair, Frost, for solid waste violations – $575
  • AEHC LLC, dba Suite Liv’n, Willmar, for asbestos violations – $500
  • Altmann Family Pork, Inc., New Ulm, for feedlot violations – $500
  • Gerald Hohlen, dba Hohlen Excavating & Sewer, Bock, for individual septic treatment system violations – $500
  • Supreme Pork, Inc., Lake Benton, for feedlot violations – $500
  • Bishop Excavating, Blooming Prairie, for asbestos violations – $350

That comes to a total of $371,323 combined for violations of hazardous waste and solid waste regulations, in Minnesota, in third quarter of 2013 alone.  No matter what state you conduct business, if it has an authorized hazardous waste program (and every state but Iowa, Alaska, and Puerto Rico does), then your state regulatory agency will be looking for violations like these and can issue fines of this amount or even more.  The best way to avoid any violations related to the management of solid waste or hazardous waste is to utilize a training service, like mine, to not only bring you into compliance with the training requirements of the Resource Conservation and Recovery Act (RCRA) but to teach you what you need to know about all aspects of compliance with state and Federal hazardous waste regulations.  Contact me to schedule initial and annual training for your Hazardous Waste Personnel.

 

A complete summary of environmental enforcement actions and news releases can be found on the MPCA’s News Media Center Web page.  For questions on specific enforcement cases, please contact Stephen Mikkelson, Information Officer at (218) 316-3887, or toll free at (800) 657-3864.

The Lethality Characteristic for Hazardous Waste in Minnesota

The USEPA identifies two broad categories of hazardous waste, which in turn are each further divided into four sub-categories:

1.  Listed hazardous waste (40 CFR 261, Subpart D).

  • Non-specific sources (F-codes).
  • Specific sources (K-codes).
  • Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (P-codes & U-codes).

2.  Characteristic hazardous waste (40 CFR 261, Subpart C).

  • Ignitability (D001).
  • Corrosivity (D002).
  • Reactivity (D003).
  • Toxicity (D004 – D043).

For the Federal regulations of the USEPA and those of most states with an authorized hazardous waste program, those identified above are the only hazardous waste subject to “cradle to grave” regulation under Subtitle C of RCRA.  Some states, however, have exercised their authority to create their own state-specific hazardous waste; an example of this is Minnesota which created two additional characteristic hazardous wastes in addition to the four Federal characteristic hazardous wastes it also recognizes:

  • Oxidizer (D001)
  • Lethality (MN01)

This article will summarize the Minnesota-specific hazardous waste characteristic for Lethality.  Readers requiring more information than provided in this article should refer to a guidance document provided by the Minnesota Pollution Control Agency (MPCA):  The Lethality Characteristic – A Minnesota-specific hazardous waste characteristic. (more…)