Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Ankeny, Iowa, Laboratory Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and State Hygienic Laboratory (“SHL”) entered into an April 25th Expedited Settlement Agreement and Final Order (“ESAFO”) addressing alleged violations of the federal hazardous waste regulations. See Docket No. RCRA-07-2022-0026.

SHL operates a laboratory in Ankeny, Iowa (“Facility”).

EPA is stated to have inspected the Facility on January 5-6, 2021. The federal agency is stated to have determined that the Facility violated the following Resource Conservation and Recovery Act hazardous waste management regulations:

• Failure to comply with the satellite accumulation conditional exclusions:
  • Four satellite accumulation containers holding hazardous waste were open
  • Five satellite accumulation containers holding hazardous waste were not labeled with the words “Hazardous Waste”
  • Eleven satellite accumulation containers holding hazardous waste were not labeled with the indication of the hazards of the contents
• Operating a hazardous waste storage facility without a permit
  • Failure to adequately inspect a hazardous waste container accumulation area
  • Four hazardous waste accumulation containers were not marked or labeled with the words “Hazardous Waste”
  • Ten hazardous waste accumulation containers were not marked or labeled with the indication of the hazards of the contents
  • Four hazardous waste accumulation containers were not marked or labeled with the date upon which accumulation began
  • A 20-liter satellite accumulation container holding corrosive-only waste was perched atop on overturned secondary containment bin and an unprotected spigot was sticking out into the walkway between lab benches
  • An emergency coordinator was not designated
  • Emergency information was not posted next to a telephone or areas directly involved in the generation and accumulation of hazardous waste
  • Employees were not thoroughly familiar with proper waste handling and emergency procedures
  • One used oil container was not labeled with the words “Used Oil”

SHL neither admits nor denies the factual allegations contained in the ESAFO.

A civil penalty of $15,000 is assessed.

A copy of the ESAFO can be downloaded here.