Air Enforcement: U.S. Environmental Protection Agency and North Salt Lake, Utah, Medical Waste Incinerator Operator Enter into Consent Decree

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

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The United States Department of Justice, on behalf of the United States Environmental Protection Agency, and Stericycle Inc. (“Stericycle”) entered into a January 29th Consent Decree (“CD”) addressing alleged violations of the federal Clean Air Act and Utah air quality regulations.

The CD is being filed in the United States District Court of Utah. See Civil Action No. 1:21-cv-00012-JNP.

The CD provides that Stericycle operates a medical waste incinerator (“MWI”) in North Salt Lake, Utah. A simultaneously filed Complaint alleged that the MWI:

  • Exceeded nitrogen oxides limits
  • Failed to properly conduct stack tests
  • Failed to comply with reporting requirements

The MWI is subject to Clean Air Act regulations set forth in 40 C.F.R. Part 60, Subpart Ce, as incorporated in the State of Utah’s plan for Hospital, Medical, and Infectious Waste Incinerators. It also operates pursuant to a Clean Air Act Title V operating permit.

A civil penalty of $600,000 is assessed.

Stericycle also agrees to conduct a Supplemental Environmental Project which will require the company to spend at least $2 million to purchase low-emitting school buses for a local school district. Further, Stericycle has indicated to have already installed additional pollution controls and instituted operational changes to remedy the violations alleged in the Complaint.

A copy of the CD can be downloaded here.

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