Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Neodesha, Kansas, Boat Manufacturer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Cobalt Boats, LLC (“Cobalt”) entered into a November 3rd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the federal and Kansas hazardous waste regulations. See Docket No. RCRA-07-2023-0149.

The CAFO provides that Cobalt operates a boat manufacturing facility (“Facility”) in Neodesha, Kansas.

EPA inspectors are stated to have conducted a RCRA Compliance Evaluation Inspection (“CEI”) of the hazardous waste management practices at the Cobalt Facility on or about February 15-16, 2022. The inspection is stated to have determined that Cobalt was operating at the time of inspection as a RCRA:

• Large Quantity Generator of hazardous waste
• Small Quantity Handler of universal waste
• Used oil generator

Cobalt is stated to have previously notified EPA in 2021 of its regulated activity as a Large Quantity Generator and obtained a RCRA I.D. number.

During the CEI the following were stated to be present:

• Waste acetone with organic concentration of at least 10 percent by weight
• Solvent contaminated wipes
• Waste resin
• Other wases
• Used oil containers
• Waste batteries and waste lamps

The CAFO alleges the following violations:

• Operating as a Treatment, Storage or Disposal Facility Without a RCRA Permit or RCRA Interim Status
  • Failure to monitor each pump in light liquid service
  • Failure to visually inspect each pump in light liquid service
  • Failure to monitor each valve in light liquid service
  • Failure to maintain Subpart BB records
  • Failure to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to the air, soil, or surface water which could threaten human health or the environment
  • Failure to have an adequate contingency plan
  • Storage of incompatible materials
  • Failure to locate a hazardous waste satellite accumulation container at or near the point of generation
• Failure to Comply with Universal Waste Manage Requirements
  • Failure to label universal waste batteries
  • Failure to contain universal waste lamps
  • Failure to label universal waste lamps
  • Failure to demonstrate the length of time that universal waste lamps had been accumulated
• Failure to Comply with Used Oil Regulations
  • Failure to properly label used oil container

Cobalt is stated to neither admit nor deny the specific factual allegations and alleged violations.

A civil penalty of $133,780 is assessed.

A copy of the CAFO can be downloaded here.