Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County Freight Transportation Terminal Operator Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and XPO Logistics Freight, Inc. (“XPO”) entered into a February 8th Consent Order (“CO”) addressing alleged violations of the Alabama hazardous waste regulations. See Consent Order No. 23-XXX-CHW.

The CO provides that XPO operates a freight transport facility (“Facility”) in Jefferson County, Alabama.

The Facility is stated to be a small quantity generator of hazardous waste as that term is defined in ADEM Admin. Code Div. 14.

A representative of ADEM’s Industrial Hazardous Waste Branch is stated to have conducted a Compliance Evaluation Inspection (“CEI”) of the XPO Facility on August 15, 2022.

The CEI and a review of XPO’s compliance is stated to have indicated the following:

• Storage of four containers of hazardous waste in the hazardous waste central accumulation area for more than 180 days without a permit or being granted an extension
• Failure to properly manage a leaking and deteriorating five-gallon bucket of hazardous waste located in the hazardous waste central accumulation area
• Failure to keep closed two containers of hazardous waste located in the central accumulation area
• Failure to perform weekly inspections of the hazardous waste central accumulation area that were adequate to identify and address a leaking and deteriorating container
• Failure to mark or label 13 containers of hazardous waste located in the central accumulation area with the words “Hazardous Waste”
• Failure to mark or label 19 containers of hazardous waste located in the central accumulation area with an indication of their hazards
• Failure to mark or label 12 containers of hazardous waste located in the central accumulation area with accumulation start dates
• Failure to mark or label 21 containers of hazardous waste located in the central accumulation area with appropriate hazardous waste numbers
• Failure to maintain and operate the hazardous waste central accumulation area in a manner to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste
• Failure to maintain adequate isle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to the hazardous waste central accumulation area
• Failure to submit a complete 8700-12 to ADEM for 2021

XPO neither admits nor denies ADEM’s contentions.

A civil penalty of $18,600 is assessed.

A copy of the CO can be downloaded here.