Hazardous Waste/Wastewater Enforcement: Mississippi Commission on Environmental Quality and Gulfport, Mississippi Chemical Company Enter into Agreed Order

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

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The Mississippi Commission on Environmental Quality (“MCEQ”) and Channel Chemical Company (“CCC”) entered into a March 29th Agreed Order (“AO”) addressing alleged used oil, hazardous waste, and wastewater violations. See Order No. 6842 18.

The AO describes CCC as operating a facility in Gulfport, Mississippi (“Facility”).

The AO provides that the Facility was subject to a Compliance Evaluation Inspection (“CEI”) on June 15, 2017. The CEI allegedly identified the following violations:

  1. Failure to label “Used Oil Containers” (referencing aboveground tanks used to store used oil)
  2. Failure to label 4 totes of hazardous waste in the less than 90-day area
  3. Failure to date 4 totes of hazardous waste in the less than 90-day area
  4. Failure to make waste determinations on approximately 121 drums and 2 totes in the Gas Station Terminal area
  5. Failure to dispose of hazardous waste stored in the Gas Station Terminal area in less than 90 days
  6. Failure to maintain 4 hazardous waste drums in good condition in the Gas Station Terminal area
  7. Failure to keep a drum of hazardous waste closed in the Gas Station Terminal area

Alleged violations described in A, B, F, and G apparently appeared to have been remedied.

The AO provides that by letters dated September 6, 2017, October 4, 2017, and October 11, 2017, CCC was contacted by MCEQ and notified of alleged discharge violations of the Facility’s National Pollution Discharge Elimination System Permit, which allegedly included:

8 . Violations of Total Suspended Solids milligram per liter monthly average limitation of 30 mg/L for six specified months in 2017

           9.   Violations of Total Suspended Solids milligram per liter daily maximum limitation of 45 mg/L for four specified months

The AO assesses a civil penalty of $77,500. Further, it specifies actions that the Facility must undertake to address certain other alleged violations.

A copy of the AO 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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