Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County Commercial Truck Wash Operator 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 Qualawash Holdings, LLC (“Qualawash”) entered into a June 10th Consent Order (“CO”) addressing alleged violations of the Alabama hazardous waste regulations. See CO No. 22-XXXCHW.

The CO provides that Qualawash operates a commercial truck wash (“Facility”) in Jefferson County, Alabama.

The Facility is stated to be a large quantity generator of hazardous waste as that term is defined in ADEM Admin. Code Div. 14. It holds EPA Identification Number ALD983168089.

Representatives of ADEM’s Industrial Hazardous Waste Branch are stated to have conducted a compliance evaluation inspection (“CEI”) of the Facility on February 15th. The CEI and a review of Qualawash’s compliance is stated to have indicated the following:

  • Failure to provide review documentation of annual reviews of hazardous waste training for two employees
  • Failure to submit a quick reference guide of the Facility’s contingency plan dated June 5, 2019, to local emergency responders
  • Failure to move one container of hazardous waste in satellite accumulation to the central hazardous waste accumulation area within three consecutive calendar days
  • Storage of one container of hazardous waste onsite longer than 90 days without a permit or extension

Qualawash neither admits nor denies ADEM’s contentions.

A civil penalty of $9,920 is assessed.

A copy of the CO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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