Hazardous Waste Enforcement: Alabama Department of Environmental Management and Haleyville, Alabama, Cabinet Manufacturing Facility Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and Kith Kitchens, LLC (“Kith Kitchens”) entered into a March 22nd Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See Consent Order No. 23-XXX-CHW.

The CO provides that Kith Kitchens operates a custom kitchen cabinet manufacturing facility (“Facility”) in Haleyville, Alabama.

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

  • Large Quantity Generator of Hazardous Waste
  • Small Quantity Handler of Hazardous Waste

A representative of ADEM’s Industrial Hazardous Waste Branch is stated to have conducted a Compliance Evaluation Inspection (“CEI”) of the Facility on November 2, 2022. The CEI is stated to have indicated the following:

  • Failure to maintain adequate isle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment in a hazardous waste central accumulation area
  • Failure to submit a quick reference guide to local emergency responders or the Local Emergency Planning Committee
  • Engagement in treatment of hazardous waste without a permit

Kith Kitchens is stated to neither admit nor deny ADEM’s contentions.

A civil penalty of $10,120 is assessed.

A copy of the CO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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