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The United States Environmental Protection Agency (“EPA”) and Klinger Paint Company, Inc. (“Klinger”) entered into a January 7th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) Hazardous Waste Regulations. See Docket No. RCRA-07-2025-0003.
The CAFO provides that Klinger owns and operates a facility in Cedar Rapids, Iowa, producing industrial paints and coatings.
The facility is stated to have notified EPA of its regulated waste activity as a large quantity generator. The facility is stated to be a large quantity generator of characteristics D001, D018, and D035, and listed hazardous wastes F003 and F005.
EPA is stated to have conducted a RCRA Compliance Evaluation Inspection on September 12, 2023, of the hazardous waste management practices at the facility.
The CAFO identifies the following alleged violations:
- Failure to Conduct Hazardous Waste Determinations.
- Operating as a Treatment, Storage or Disposal Facility Without a RCRA Permit or RCRA Interim Status.
Areas of alleged violations are reported to include:
- Management of containers.
- Labeling and marking of containers.
- Treatment of hazardous waste.
- Emergency response.
- Personnel training.
The CAFO provides that EPA is considered Klinger’s inability to pay a penalty as a mitigating factor in its civil penalty policy and conditionally agrees to resolve the claims alleged for $0.00.
The CAFO requires that Klinger take the following actions within certain time periods:
- Submit four (4) Quarterly Compliance Reports to EPA which include descriptions and photographs demonstrating compliance with the regulations for all central accumulation areas, satellite accumulation areas, solvent-contaminated wipes collection containers, and universal waste management areas.
- Documentation is required to be provided in the quarterly report.
- If modifications are made to the contingency plan or quick reference guide during the reporting period, copies of those documents shall be provided in that quarterly report.
A copy of the CAFO can be downloaded here.
