News & Analysis as of

Hazardous Waste RCRA Enforcement Actions

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Memphis...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a May 14th Director’s Order and Assessment (“Order”) to Federal Express Corporation (“Federal Express”). See Case No. HWM 24-0028....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Lincoln Automobile Manufacturing Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Honda Development & Manufacturing of America, LLC DBA Alabama Auto Plant (“Honda”) entered into a Consent Order (“CO”) addressing alleged violations of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Tracy, California Glass Container Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Owens-Brockway Glass Container Inc. (“OB”) entered into an April 8th Consent Agreement (“CA”) addressing alleged violations of the Resource Conservation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Circuit Board Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Sanmina Corporation (“SC”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See Consent Order No....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Camden, New Jersey Drum Reconditioner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Patrick J. Kelly Drums, Inc. (“PJKD”) entered into a February 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Columbus, Ohio Paint Corporation Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Yenkin-Majestic Paint Corporation (“YMPC”) entered into a February 19th Expedited Settlement Agreement (“ESA”) addressing alleged Resource Conservation Recovery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Allentown, Pennsylvania Coil Coating Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Vorteq Coil Finishers, LLC (“Vorteq”) entered into a January 22nd Consent Agreement (“CA”) addressing alleged violations of the Resource Conservation and Recovery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Richmond, Missouri Epoxy Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Arnette Polymers, LLC (“Arnette”) entered into an August 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Missouri hazardous...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency in Baltimore, Maryland Galvanize Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Southern Galvanizing Company (“Southern”) entered into a March 26th Consent Agreement (“CA”) addressing alleged violations of the Federal and Maryland Hazardous...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and White Hall...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and United States Army, Pine Bluff Arsenal (“U.S.”) entered into a July 13th Consent Administrative Order (“CAO”) addressing actions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and United Parcel Service Enter into Consent Agreement and Final...

The United States Environmental Protection Agency (“EPA”) and United Parcel Service (“UPS”) entered into an October 17th Consent Agreement and Final Order (“CAFO”). See EPA Docket No. RCRA-06-2022-0942. The CAFO is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Geneva County Aluminum HVAC Component Manufacturer...

The Alabama Department of Environmental Management (“ADEM”) and Ruskin Company, Inc. (“RCI”) entered into an August 24th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See...more

Fox Rothschild LLP

State Enforcement Against the Federal Government, Part 2

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Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Manufacturing Process Unit Exemption/RCRA: U.S. EPA Administrative Law Judge Addresses Applicability Question

A United States Environmental Protection Agency (“EPA”) Administrative Law Judge Christine Donelian Coughlin (“ALJ”) interpreted the Resource Conservation and Recovery Act (“RCRA”) term “manufacturing process unit” (“MPU”) in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Johnstown, Pennsylvania, Tank/Container Manufacturer Enter...

The United States Environmental Protection Agency (“EPA”) and Johnstown Tube Laser, LLC, (doing business as Environmental Tank & Container) (“Johnstown”) entered into a Consent Agreement (“CA”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Jackson, Michigan, Metal Finishing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Elm Plating Company (“EPC”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Resource Conservation and Recovery Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Richmond, Virginia Electronics Recycling Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and AERC Acquisition Corporation dba AERC Recycling Solutions (“AERC”) entered into a February 25th Consent Agreement (“CA”) addressing alleged violations of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Criminal Enforcement/ RCRA: US Department of Justice Announces Sentencing of Madison Heights, Michigan Plating Company/ Owner

The United States Department of Justice (“DOJ”) Issued on November 6th a press release announcing the sentencing of Electro- Plating Services Inc (“EPS”) and its owner Gary Sayers for alleged violations of the Resources...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Kinsale, Virginia Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Potomac Supply Company, LLC (“Potomac”) entered into an October 30th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and Recovery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Front Royal, Virginia Automobile Coatings Manufacturing...

The CA provides that ACS is an owner and operator of a facility (“Facility”) as those terms are defined in RCRA in Front Royal, Virginia. The Facility operates as an automobile coatings manufacturing facility. It is stated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Inman, South Carolina Chemical Manufacturing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Milliken & Company (“MC”) entered into a July 9th Consent Agreement (“CA”) addressing an alleged violation of the South Carolina regulations related to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Criminal Enforcement/Hazardous Waste: U.S. Department of Justice References Guilty Plea of Madison Heights, Michigan,...

The United States Department of Justice (“DOJ”) issued a February 14th news release stating that Gary Alfred Sayers and his company, Electro-Plating Services Inc. (“EPSI”) pleaded guilty to a felony charge of illegal storage...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Detroit, Michigan Facility Complaint and Compliance Order

The United States Environmental Protection Agency (“EPA”) and DCI Aerotech Inc. (“DCI”) executed a Complaint and Compliance Order (“Order”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”)...more

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