Hazardous Waste Enforcement: Alabama Department of Environmental Management and Attalla Hazardous Waste Treatment and Storage 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 Giant Resource Recovery-Attalla, Inc. (“Giant”) entered into a January 25th Consent Order (“CO”) addressing alleged violations of Alabama hazardous waste regulations. See Consent Order No. 22-XXX-CHW.

The CO provides that Giant operates a permitted commercial hazardous waste treatment and storage facility (“Facility”) in Attalla, Alabama.

The Facility operations are described as including:

  • Hazardous waste treatment and storage
  • Large quantity generator of hazardous waste
  • Used oil generator
  • Used oil fuel marketer
  • Small quantity handler of universal wastes

A representative of ADEM’s Industrial Hazardous Waste Branch is stated to have conducted a compliance evaluation inspection (“CEI”) of the Facility on August 18, 2021.

The CEI and a review of Giant’s compliance is stated to have indicated the following violations:

  • Two drums containing hazardous waste located in the Container Storage Warehouse were not in good condition.
  • Storage of one 275-gallon tote containing hazardous waste in the Container Storage ·warehouse for more than one year.

In response to the alleged violations, Giant asserted that:

. . . the one metal tote stored for more than one-year was solely for the purpose of accumulation, as necessary to ensure proper treatment at an off-site incinerator.

Giant neither admits nor denies ADEM’s contentions.

A civil penalty of $10,080 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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