Hazardous Waste Enforcement: Alabama Department of Environmental Management and Birmingham Plastic Product 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 Glasforms, Inc. (“Glasforms”) entered into a May 20th Consent Order (“CO”) addressing alleged violations of the Alabama hazardous waste regulations. See Consent Order No. 22-XXX-CHW.

The CO provides that Glasforms operates a fiberglass-reinforced plastic product manufacturing facility (“Facility”) in Birmingham, Alabama.

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

  • Large quantity generator of hazardous waste
  • Small quantity handler of universal waste
  • Used oil generator

The above-referenced categories are encompassed by the terms defined in ADEM Admin. Code Div. 14.

Representatives of ADEM’s Industrial Hazardous Waste Branch and the United States Environmental Protection Agency Region 4 are stated to have conducted a compliance evaluation inspection (“CEI”) of the Facility on November 2, 2021.

The CEI and a review of the Facility’s compliance is alleged to have indicated the following:

  • Storage of two 55-gallon drums of hazardous waste on site for more than 90 days without an extension or permit
  • Failure to keep closed six containers of spent fluorescent lamps
  • Failure to label six containers of spent fluorescent lamps with one of the appropriate phrases
  • Failure to demonstrate the length of time six containers of spent fluorescent became a waste or was received
  • Failure to document the performance of weekly inspections for the hazardous waste storage area from August 13, 2021, through November 2, 2021
  • Failure to mark or label two satellite accumulation containers of hazardous waste in Building 2 with the words “Hazardous Waste” and an indication of the hazards of the contents

Glasforms stated to ADEM that promptly following the CEI it obtained overpacks for 55 gallon drums and shipped them offsite. Further, it stated any other alleged violations cited in the CO were corrected.

Glasforms neither admits nor denies ADEM’s contentions.

A civil penalty of $2,000 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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