Hazardous Waste Enforcement: Alabama Department of Environmental Management and Calhoun County Metal Plating Facility Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and Industrial Plating CO., Inc. (“IP”) entered into July 9th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See Consent Order No. 25-XXX-CHW.

IP is stated to operate a metal plating facility in Calhoun County, Alabama.

The facility has an EPA Identification Number as a result of its operations. It is stated to be a large quantity generator of hazardous waste as defined in ADEM Admin. Code Div. 14.

A representative of ADEM’s Industrial Hazardous Waste Branch conducted a compliance evaluation inspection of the facility on January 8. The compliance evaluation inspection and a review of IP’s compliance is stated to have indicated the following:

  • Failure to make a proper waste determination on waste materials located in the containment system in the Plating Building.
  • Storage of hazardous waste on site for more than 90 days without a permit and without being granted an extension.
  • Failure to provide the containment system with a fixed roof and/or closure devices that form a continuous barrier over the entire surface of the hazardous waste in the tank.
  • Failure to keep on file at the facility written assessment reviewed and certified by a professional engineer attesting to the containment system's integrity.
  • Failure to inspect the containment system at least once each operating day.
  • Failure to mark or label the containment system with the words "Hazardous Waste", the EPA hazardous waste number(s), and an indication of the hazards of the contents.
  • Failure to properly manage one satellite accumulation container of hazardous waste.
  • Failure to mark or label one satellite accumulation container with the words "Hazardous Waste" and with an indication of the hazards of the contents.

IP neither admits nor denies ADEM’s contentions.

A civil penalty of $14,760.00 is assessed.

A copy of the CO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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