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EPA, DOJ settlement with Heritage-Crystal Clear resolves Useful resource Conservation and Restoration Act claims, secures secure administration of solvents
DENVER (December 7, 2023) — At the moment, EPA and the U.S. Division of Justice introduced a settlement with Heritage-Crystal Clear, LLC (HCC) to resolve pending claims of the USA on behalf of the U.S. Environmental Safety Company (EPA), the Louisiana Division of Environmental High quality (LDEQ), and the State of Indiana for violations of necessities governing administration of hazardous waste, in addition to a violation of used oil administration necessities, at present or former HCC services situated in Indianapolis, Indiana; Shreveport, Louisiana; Atlanta, Georgia; Fairless Hills, Pennsylvania; and Denver, Colorado.
Underneath the settlement, HCC commits to pay civil penalties totaling $1,162,500 and to implement numerous measures to make sure that HCC services won’t deal with, retailer or eliminate parts-washing solvents that qualify as hazardous waste except and till HCC receives a hazardous waste allow authorizing it to handle hazardous waste. Plaintiffs estimate that the compliance measures required underneath the settlement will price at the very least $1,628,502.
“This settlement displays our dedication to defending communities, together with North Denver, from the potential danger of publicity to hazardous chemical compounds,” stated Suzanne Bohan, director of EPA Area 8’s Enforcement and Compliance Assurance Division. “HCC’s compliance actions will make sure the secure dealing with of solvents and cut back potential hurt to individuals and the atmosphere.”
“Whereas federal regulation encourages accountable recycling of hazardous waste, recyclers should nonetheless adjust to authorized necessities designed to make sure the well being and security of our communities,” stated Assistant Lawyer Basic Todd Kim of the Justice Division’s Setting and Pure Assets Division (ENRD). “This settlement displays our dedication to making sure that hazardous waste recycling operations are performed in accordance with the Useful resource Conservation and Restoration Act and its rules.”
In January 2022, a twenty-one-count grievance was filed towards HCC in federal district courtroom within the Northern District of Illinois underneath the Useful resource Conservation and Restoration Act (RCRA) and relevant state regulation. The grievance states that in the middle of offering components washing companies to clients all through the USA, HCC accepted some used solvent that certified as hazardous waste, however HCC didn’t transport and handle these solvents in accordance with relevant hazardous waste administration necessities.
Heritage-Crystal Clear, Denver facility
The proposed settlement consists of the decision of alleged violations and cures related to the Denver Heritage Crystal Clear (HCC) facility at 5221 Monroe Avenue, situated within the North Denver-Commerce Metropolis space, a traditionally overburdened neighborhood. HCC delivers solvent merchandise to space clients from this facility that are used for components washing. HCC’s Denver facility then brings used solvent from its clients again to the power for switch to different HCC services for reclamation. The first solvent (142 Mineral Spirits) managed on the facility is an natural solvent with a claimed flash level of 142 levels. An EPA inspection discovered that containers with used 142 Mineral Spirits on web site exceeded the regulatory restrict for tetrachloroethylene, making the solvent a attribute hazardous waste topic to particular RCRA necessities.
EPA has decided the Denver HCC facility isn’t dealing with hazardous spent 142 Mineral Spirits solvent in response to RCRA necessities. Particularly, EPA discovered that HCC transported hazardous spent 142 Mineral Spirits solvent with out documentation required by RCRA and saved the hazardous waste solvent on the Denver facility with out first acquiring a allow. The settlement features a sampling program to make sure hazardous wastes are correctly recognized and requires HCC to promptly take away any 142 solvent drums and consolidation containers with hazardous waste traits. The power will handle such wastes in accordance with relevant hazardous waste necessities sooner or later.
Nationwide Settlement Particulars
The EPA/DOJ grievance states that HCC (1) transported hazardous waste with out required hazardous waste manifests, (2) saved hazardous waste at numerous HCC services with out required permits, (3) didn’t make required hazardous waste determinations after mixing used solvents from totally different components washing clients, (4) didn’t adjust to sure necessities for lowering air emissions from sure hazardous waste tanks and tools, and (5) failed to take care of satisfactory secondary containment for sure hazardous waste tanks. The proposed settlement consists of quite a few different provisions particular to every facility, in addition to provisions that require HCC to distribute academic supplies to parts-washing clients in specified circumstances, and provisions for HCC to retain a 3rd celebration to conduct audits at designated HCC services to make sure future compliance.
The 5 HCC services included on this settlement are acknowledged by EPA to be situated inside communities with potential environmental justice issues. Close by communities will profit from the improved controls and new work practices that can be applied at HCC services as required by the consent decree. These new controls and practices will cut back emissions of unstable natural compounds (VOCs) to neighboring communities and cut back danger of publicity by guaranteeing decrease volumes of hazardous wastes are managed at these services.
The proposed consent decree, lodged within the U.S. District Courtroom for the Northern District of Illinois, is topic to a 30-day federal public remark interval and approval by the federal courtroom. The consent decree might be seen on the Department of Justice consent decrees website.
For extra details about this settlement, please go to Heritage-Crystal Clean, LLC RCRA Settlement Information Sheet.
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