Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Cedar Rapids, Iowa Industrial Paint Manufacturer Enter into Consent Agreement

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

Download PDF

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.

Written by:

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

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

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide