Hazardous Waste Enforcement: Alabama Department of Environmental Management and Pell City Electrical Equipment Recycling Facility Manager Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and TCI of Alabama, LLC (“TCI”) entered into a Consent Order (“CO”) to address alleged violations of the Alabama Hazardous Waste regulations. See Consent Order No. 25-XXX-CHW.

The CO provides that TCI operates an electrical equipment recycling facility (“Facility”) in Pell City, Alabama.

The Facility holds an EPA identification number. Further, as a result of its operations, it is stated to constitute a:

• Large quantity generator of hazardous waste.
• Hazardous waste transporter.
• Small quantity handler of universal waste.
• Used oil generator.
• Used oil transporter.
• Used oil processor/re-refiner.

Representatives of ADEM’s Industrial Hazardous Waste Branch are stated to have conducted a Compliance Evaluation Inspection (“CEI”) of the TCI Facility on May 6, 2024.

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

• Storage of hazardous waste onsite for more than 90 days without receiving a permit or being granted an extension.
• Failure to restrict access to the central hazardous waste accumulation area located in the Materials Processing <500 ppm Shop.
• Failure to conduct weekly inspections of the central hazardous waste accumulation area located in the Materials Processing <500 ppm Shop.
• Failure to post “no smoking” signs at the central hazardous waste accumulation area located in the Materials Processing <500 ppm Shop.
• Failure to maintain a secondary containment system for the central hazardous waste accumulation area located in the Materials Processing <500 ppm Shop.
• Failure to post “danger – unauthorized personnel keep out” signs at the central hazardous waste accumulation area located in the Materials Processing <500 ppm Shop.
• Failure to properly label one container of hazardous waste with the words “hazardous waste”.
• Failure to mark one container of hazardous waste with an indication of the hazards of the contents.
• Failure to mark one container of hazardous waste with the accumulation start date.
• Failure to mark or label one container of hazardous waste with the appropriate hazardous waste numbers associated with the hazardous waste.
• Failure to provide for review documentation that the required training had been provided to all employees that handle hazardous waste.
• Failure to provide for review job titles for each position that handles hazardous waste.
• Failure to provide for review job descriptions for each position that handles hazardous waste.
• Failure to provide for review a written description of the type and amount of training needed for each employee that handles hazardous waste.
• Failure to provide for review manifests for 2022, 2023, and 2024.
• Failure to provide for review documentation that the Facility had developed a contingency plan.
• Failure to provide for review documentation that the Facility’s contingency plan and all revisions had been sent to all local emergency responders.
• Failure to provide for review documentation that the Facility had developed a quick reference guide for their contingency plan and that a copy had been sent to all local emergency responders.
• Failure to submit an 8700-12 Form for the year 2023.

TCI neither admits nor denies ADEM’s contentions. However, the CO provides that:

...Going forward, all ADEM communication with TCI, including inspections, should be directed to (1) Tracy Helms and/or (2) George Jackson. This will simplify the communication process between both parties.

A civil penalty of $11,680.00 is assessed.

A copy of the CO can be downloaded here.