Transportation/Hazardous Waste Enforcement: Alabama Department of Environmental Management and Mobile Agricultural Chemical Manufacturing 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 AMVAC Chemical Corporation (“AMVAC”) entered into a June 11th Consent Order (“CO”) addressing an alleged violation of ADEM Admin. Code Div. 14. See Consent Order No. 25-XXX-CHW.

The CO describes AMVAC as an agricultural chemical manufacturing facility in Mobile, Alabama.

The facility is stated to constitute a large quantity generator of hazardous waste.

AMVAC is stated to have submitted a written notification to ADEM on August 26, 2024, that it had:

…shipped containers holding acutely hazardous waste pesticide residuals (P094) to a warehouse in Saraland, Alabama.

ADEM’s review of AMVAC’s compliance is stated to have indicated the following:

…acutely hazardous waste (depleted Thimet containers) was offered to a transporter for transport to a warehouse for storage prior to disposal. That transporter had not obtained an Alabama Hazardous Waste Transporter Permit nor an EPA Identification number. The warehouse had not obtained an Alabama Hazardous Waste Facility Permit to treat, store, or dispose of hazardous waste.

AMVAC submitted a written response to an ADEM Notice of Violation stating that any such violations were inadvertent.

AMVAC neither admits nor denies ADEM’s contentions.

A civil penalty of $11,000.00 is assessed.

A copy of the CO can be downloaded here.

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