BOSTON — A waste hauling firm based in Essex will pay more than $93,000 to settle claims that it illegally dumped multiple loads of construction and demolition waste at an unpermitted site in Methuen, Attorney General Martha Coakley announced today.

According to the complaint, entered Wednesday along with the consent judgment in Suffolk Superior Court, Dynamic Waste Systems, Inc. violated the state’s solid waste disposal laws by dumping more than 115 loads of construction and demolition waste, including concrete, brick, and stone, at the site over a period of 70 days.

“We will vigorously pursue those who fail to follow the Commonwealth’s solid waste laws and regulatory requirements,” AG Coakley said. “This settlement sends a strong message that haulers who improperly dispose of waste will be forced to clean up illegal dumping grounds.”

According to the complaint, Thomas Battye, the owner of the Methuen site, never applied for or received an assignment to operate a solid waste facility from the Methuen Board of Health or a solid waste management facility permit from the Massachusetts Department of Environmental Protection (MassDEP).

“Illegal dumping of solid waste undermines the protection of the Commonwealth’s natural resources, and it won’t be tolerated,” said MassDEP Commissioner Kenneth Kimmell. “Disposal of materials must be done at properly approved or permitted facilities without exception.”

The consent judgment requires that Dynamic Waste Systems pay a total of $90,000 into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site. Under the judgment, Dynamic will also pay a $3,750 civil penalty.

Battye is the subject of a separate, pending action brought by the Commonwealth related to solid waste violations at the Methuen site. The AG’s Office is also pursuing claims against additional waste haulers and demolition contractors who dumped or contracted for solid waste disposal at the Battye site.

Assistant Attorney General Matthew Ireland of AG Coakley’s Environmental Protection Division handled the case, with assistance from MassDEP Environmental Analysts Mark Fairbrother, John MacAuley and Karen Goldensmith, and MassDEP attorneys Jeanne Argento and Colleen McConnell, all from MassDEP’s Northeast Regional Office.

Even though the waste in question was not a hazardous waste, the potential remains for significant fines if the state’s regulations are violated.  The regulations of both the USEPA and MassDEP identify a solid waste as any discarded material that is not excluded from regulation (eg. due to recycling).  Some solid waste may also be a hazardous waste if they are either identified as a listed hazardous waste and/or exhibit a characteristic of a hazardous waste (ignitability, corrosivity, reactivity, or toxicity).  If not listed nor characteristic, or an exclusion applies, then the waste remains a non-hazardous solid waste.

Conducting a hazardous waste determination for all of your solid waste is one of your primary responsibilities.  If only a solid waste, you must still comply with the regulations of your State and the USEPA under Subtitle D of the Resource Conservation and Recovery Act (RCRA).

Please don’t hesitate to contact me with any questions about the management of solid waste, hazardous waste, used oil, or universal waste in Massachusetts or anywhere in the US.

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.

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.

09/18/2013

(Seattle—Sept 18, 2013) Joint Base Elmendorf-Richardson in Anchorage failed to comply with federal hazardous waste management laws and has agreed to pay a fine to resolve the violations, according to a settlement with the U.S. Environmental Protection Agency. The base has taken action to correct the violations and will pay a fine of over $21,000.

“Careful hazardous waste management protects human lives and the environment, and it also prevents the public from having to fund costly cleanup operations,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit at the EPA Seattle office. “Facilities have to inspect hazardous waste storage and keep staff up to date on training to prevent incidents.”

The facility generates and stores hazardous waste from vehicles, aircraft and other facility maintenance. This includes acids, contaminated soils, batteries, PCB wastes, solvents, used oil and pesticides.

EPA inspections found a series of violations from 2010-2011, including

1. Failure to conduct weekly inspections of hazardous waste facilities and containers for leakage or deterioration;
2. Failure to ensure staff participated in annual hazardous waste management training; and
3. Failure to submit hazardous waste tracking reports.

The violations occurred under the Resource Conservation and Recovery Act.

Hazardous waste personnel training required for large quantity generators of hazardous waste at 40 CFR 262.34(a)(4) and explained in 40
CFR 265.16 would have prevented these violations from happening.

Contact me to provide you with high-quality hazardous waste personnel training (aka: RCRA Training) before you become the subject of a news release like this one.

US Labor Department’s OSHA places company in severe violator enforcement program

CINCINNATI – Environmental Enterprises Inc. has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration with 22 safety and health violations after a fire and explosion occurred at the Cincinnati waste treatment facility on Dec. 28. Two employees were severely burned by the fire, one fatally.

“Environmental Enterprises demonstrated a complete disregard for employee’s safety and health by failing to recognize and train employees on potentially dangerous interactions between materials being handled and tools in use,” said Bill Wilkerson, OSHA’s area director for its Cincinnati office. “Even after this tragic explosion, the company failed to immediately address procedures and ensure employees knew how to use appropriate personal protective equipment and properly handle hazardous waste such as sodium chlorate. OSHA is committed to protecting workers on the job, and educating employers about safety and health regulations.” (more…)