Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Buffalo, New York Diagnostics Facility Enter into Consent Administrative Order

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

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The United States Environmental Protection Agency (“EPA”) in IMMCO Diagnostics (“ID”) entered into an October 3 expedited settlement agreement (“ESA”) addressing an alleged violation of the Resource Conservation Recovery Act (“RCRA”) regulations. See Docket No. RCRA-02-2024-7204.

ID is the owner operator of a facility in Buffalo, New York.

EPA is stated to have conducted a review of E-manifest data of hazardous waste shipments from this facility. Further, it is stated to have had discussions with ID regarding its findings.

The CAO provides that EPA determined that ID failed to have an EPA identification number prior to transporting or offering for transport hazardous waste from its facility. This is stated to have occurred during the years 2020-2023 when ID shipped hazardous waste from its facility using hazardous waste manifest without having received an EPA identification number. This is stated to violate Title 6 N.W.C.R.R. Section 372.2 (a)3.

ID neither admits nor denies the allegations contained in the ESA.

A civil penalty of $1,250 is assessed.

A copy of the ESA can be found 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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