February 09, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) and JACAM Catalyst, LLC (“JACAM”) entered into a January 3rd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) regulations. See Docket No. RCRA-07-2023-0010.
The ESA provides that JACAM is the owner or operator of a facility (“Facility”) in Sterling, Kansas.
EPA is stated to have inspected the Facility on March 1 and 2, 2022. As a result, the ESA provides that the findings during the inspection and additional investigations indicated JACAM violated the following requirements of the RCRA hazardous waste regulations:
- Container holding waste must always be closed during storage, except when it is necessary to add or remove waste
- Level 2 container must operate with no detectable organic emissions as defined in § 265.1081
- Requirement that a small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps; such containers and packages must remain closed
- Requirement that each lamp or a container or packaging in which universal waste lamps are contained must be labeled or marked clearly with one of the following phrases:
- Universal Waste – lamp(s)
- Waste Lamp(s)
- Used Lamp(s)
The ESA assesses a civil penalty of $11,000.
A copy of the ESA can be downloaded here.
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