The Bullet:

The generator of a hazardous waste violated basic requirements of the hazardous waste regulations.  And, as a consequence, also violated the Hazardous Material Regulations of the PHMSA/USDOT.  These avoidable violations have resulted in significant criminal violations for this company and its officers.

Who:

Action Manufacturing Company in Atglen, PA.

The initial inspection was conducted by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP).

The case was investigated by the EPA’s Criminal Investigation Division and the U.S. Department of Transportation Office of Inspector General. It is being prosecuted by Assistant U. S. Attorney Elizabeth Abrams.

What:

Action Manufacturing Company’s production process generates an explosive hazardous waste.  State and Federal regulations codified under the Resource Conservation and Recovery Act (RCRA) require hazardous wastes to be managed according to the applicable generator regulations while accumulated on-site and sent off-site for disposal only to permitted hazardous waste Treatment, Storage, & Disposal Facilities (TSDFs).  Instead of complying with these regulations, the company stockpiled hazardous wastes on-site for – in some cases – several years in gross violation of the generator on-site accumulation time limits.

Where:

Action Manufacturing Company is headquartered in Bristol, Bucks County, PA.

The hazardous waste in question was stored at its facility in Atglen, Chester County, PA

When:

Initial inspection was completed by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP) in November 2011.

Action Manufacturing entered the guilty plea on May 21, 2014.

A sentencing hearing is scheduled for August 27, 2014.

Why:

Federal and state hazardous waste regulations require a generator of hazardous waste to comply with applicable regulations in lieu of obtaining a permit for the storage of a hazardous waste.  Indefinite, long-term storage of this type without a permit is not allowed.  Further, evidence of a knowing violation of the regulations can lead to criminal prosecution, as in this case.  Also, as is often the case, violations of the USEPA hazardous waste regulations results in violations of the PHMSA/USDOT regulations for the transportation of a hazardous material (in this case a hazardous waste).

How:

Both Federal and state regulations allow authorities of the USEPA or your state, if it has an authorized hazardous waste program, to enter the property of a hazardous waste generator at any reasonable time and go anyplace hazardous waste are or have been.

Conclusion:

I don’t pretend to know all the facts of this case.  I am relying solely on the news release of the USEPA:  Pennsylvania Company Pleads Guilty to Improper Storage of Explosive Hazardous Waste and Agrees to $1.2 Million Fine.  However, it appears to me that compliance with the regulations of the USEPA and the PA DEP would not have been that difficult and certainly are preferable over this outcome.

Don’t wait!  Contact me for a free consultation regarding your compliance with the regulations of the USEPA, your state, and the PHMSA/USDOT.

The Bullet:

Lowe’s stores throughout California were busted by the California DTSC for gross violations of state and Federal hazardous waste regulations.  Lowe’s agreed to pay a settlement of $18.1 million.

Who:

The California Department of Toxic Substances Control (DTSC), DTSC’s Office of Criminal Investigations (OCI), 31 California district attorneys and two city attorneys.  OCI is a special investigation unit within DTSC consisting of peace officers, scientists and a computer forensic specialist who investigate criminal misconduct and other violations of the hazardous waste laws in California. It is the only criminal investigations unit within the California Environmental Protection Agency. It is part of the Office of Legal Affairs.

Lowe’s Home Centers operates more than 1,830 stores in the United States, Canada and Mexico. It serves approximately 15 million customers each week and employs more than 260,000 people.

What:

Under the final judgment, Lowe’s must pay $12.9 million in civil penalties and costs. An additional $2.1 million will fund supplemental environmental projects furthering consumer protection and environmental enforcement in California, and Lowe’s will fund hazardous waste minimization projects of $3.2 million. The retailer will be bound under terms of a permanent injunction prohibiting similar future violations of the law. DTSC will receive about $1.67 million paid as penalties.

Where:

The civil enforcement action was filed in Alameda County, California and led by the district attorneys of Alameda, San Joaquin and Solano counties.  The alleged violations occurred at more than 118 Lowe’s stores throughout California.

When:

The settlement was announced by the CA DTSC on April 2, 2014.  The violations are alleged to have occurred over a six and a half year period.

Why:

It is alleged that more than 118 Lowe’s stores throughout California unlawfully handled and disposed of hazardous wastes. Those hazardous wastes and materials included pesticides, aerosols, paint and colorants, solvents, adhesives, batteries, mercury-containing fluorescent bulbs, electronic waste and other toxic, ignitable and corrosive materials.  At some Lowe’s stores, employees were unlawfully throwing away batteries and compact fluorescent light bulbs that customers had turned in to be recycled.

Stores are required to retain their hazardous waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions. Hazardous waste produced by California Lowe’s stores through damage, spills and returns is being collected by hazardous waste haulers registered with DTSC and taken to proper disposal facilities.

How:

From 2011 to 2013, OCI scientists and investigators conducted 17 dumpster examinations to gather evidence. These dumpster examinations revealed that Lowe’s was routinely and systematically sending hazardous wastes into local landfills throughout California that were not permitted to receive those wastes.

For More Information:

Contact: Russ Edmondson
(916) 323-3372
russ.edmondson@dtsc.ca.gov
Contact: Tamma Adamek
(916) 324-2997
tamma.adamek@dtsc.ca.gov

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 DTSC press release:  Lowe’s to Pay $18.1 Million Settlement for Illegal Handling and Disposal of Hazardous Waste

Conclusion:

Lowe’s, like others in the retail industry, face unique challenges in the management and disposal of the hazardous waste they generate.  That’s why the USEPA is currently seeking comments from those within the retail industry regarding the drafting of regulations specific to them.  These violations are a good example of what can happen at a retail store – or any business – when facility personnel do not receive the required training:  Hazardous Waste Personnel and HazMat Employee and as a result lack even a basic understanding of what is required for compliance.

Please don’t hesitate to contact me with any questions about the hazardous waste regulations of the USEPA, CA DTSC, or whatever state your business is located.

So often the story I read from USEPA and state environmental agency press releases is one of greedy and careless business owners violating the environmental regulations in an attempt to make more money at the cost of the environment and public safety.  While I’m sure that image is sometimes correct it is also true that some business owners are simply unaware of the regulations they find themselves in violation of.  By the time they are made aware of the violations (let’s say they didn’t properly identify themselves as a hazardous waste generator, properly identify hazardous waste, and train employees on the company’s regulatory requirements), it may be too late.  Their awareness comes in the form of an agency inspection and a Notice of Violation.

Now of course we all know that “ignorance of the law is no excuse”, but it is also hard to understand how a company and it’s owners can be punished for the violation of regulations of whose existence they were not aware.  That is frequently the case of those who attend my HazMat Employee and RCRA Training Seminars, they simply aren’t aware of the regulations and how they apply to them.

Also, while some actions are so egregious, eg. dumping hazardous waste out back or burning it, some seem relatively harmless and easy to fix without imposing a fine, eg. not labeling hazardous waste drums stored on-site.  Yet, in the eyes of the government (state and federal) these are both violations of the regulations subject to fines and penalties.

This appears to be the case with a New Haven, CT business owner that finds himself facing the closure of his business due to what seems to be innocent mistakes (Connecticut DEEP fines New Haven business for violations of RCRA regulations).  Now, I don’t pretend to know all the facts in this case, and it appears that the business owner may have shot himself in the foot by ceasing to cooperate with the CT DEEP (Read the State of Connecticut’s complaint).  Still, the question remains if this is an enforcement action that should have proceeded this far at all.  Perhaps a good-faith approach to resolve the issues by both the CT DEEP and the business owner could have protected the environment and saved this small business and its local jobs.

I don’t pretend to know all the facts in this case, but here is what I do know:  my high-quality training for Hazardous Waste Personnel could have prevented all of these violations.  My training, whether Seminar, Onsite, or Web-Based would have revealed to the business owner the regulations he is alleged to have violated and what he could have done to come into compliance quickly and inexpensively.

An added feature of my Onsite Training is that it includes a free walk-through of your site and a consultation on your regulatory compliance.  The information gathered during the walk-through is incorporated into the training materials along with options to attain compliance.  Often the fix to the problem, eg. labeling a hazardous waste container , is simple and easy.  Whereas the possible violations and fines can be devastating.

Contact me for the training you need, or for a free consultation.  I’m happy to answer your questions.

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA ( Jan. 13, 2014) — Phoenix Color Corp. has agreed to pay a $45,000 penalty to settle alleged violations of hazardous waste regulations at its facility on Phoenix Drive in Hagerstown, Md., the U.S. Environmental Protection Agency announced today. 

EPA cited Phoenix Color 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 a November 12, 2012 inspection, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including spent non-halogenated solvents, corrosives and mercury-containing fluorescent bulbs.

The alleged violations included : 1) operating a hazardous waste storage facility without a RCRA permit or interim storage status; 2) failure to make a hazardous waste determination; 3) failure to keep hazardous waste containers closed; 4) failure to inspect containers in a 90-day storage area; 5) failure to provide annual hazardous waste management training; 6) failure to maintain hazardous waste management job descriptions; and 7) failure to prepare and implement a complete hazardous waste emergency plan. 

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, Phoenix Color 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

Read the press release here.

It’s no surprise to me that among the alleged violations this company faced is a failure to train its Facility Personnel per the requirements of 40 CFR 265.16.  Good training like mine will fulfill the regulatory requirements and give you and your employees the knowledge and the tools to prevent these kinds of violations while protecting the environment.

The cost of training and compliance is a fraction of alleged violations such as these.  Contact me now to discuss your RCRA training options.

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA (Dec.. xx, 2013) — Warner Graham, LLP, has agreed to pay a $80,650 penalty to settle alleged violations of hazardous waste regulations at its industrial solvent repackaging facility in Cockeysville, Md., the U.S. Environmental Protection Agency announced today. 

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 an April 2012 EPA inspection, and follow-up investigations, EPA cited Warner Graham for RCRA violations involving solvent waste, which is a hazardous waste stored at the facility. The alleged violations involved several RCRA regulations, including requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting. 

In addition to the $80,650 penalty, the company has agreed to perform a $24,550 project to install a less permeable floor beneath the product storage tank area. This project, which exceeds regulatory requirements, will help minimize the potential environmental risk in the event of any accidental releases from these tanks.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in resolving this matter. As part of the settlement, the company 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

Read the press release here.

Once again a facility faces significant fines and penalties for the violation (alleged) of the RCRA regulations.  It is not uncommon in a situation such as this where a list of violations is indicated, “…requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting.” that one of the violations includes a failure to train Facility Personnel per the requirements of 40 CFR 265.16.  Initial and annual training of your employees will not only fulfill the requirements of 40 CFR 265.16, it will also teach them how to do their job in compliance with the regulations.  Thorough, high-quality training like mine will go even further, giving you and your employees the knowledge to find the potential violations of the RCRA regulations and the tools to fix them.  Good training saves you money and the head aches and bad press that goes along with violations.

Please don’t hesitate to contact me about the regulations of the USEPA or Maryland for the management of hazardous waste.