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The Alabama Department of Environmental Management (“ADEM”) and Aerostar Industries, Inc. (“Aerostar”) entered into a June 12th Consent Order (“CO”) addressing alleged violations of the Alabama Code related to hazardous waste. See Consent Order No. 19-XXX-CHW.
The CO provides that Aerostar operates a metal finishing facility (“Facility”) in Madison County, Alabama.
The Aerostar Facility is stated to be a Small Quantity Generator with an Environmental Protection Agency Identification number.
An ADEM representative (Industrial Hazardous Waste Branch) is stated to have conducted a Compliance Evaluation Inspection (‘CEI”) of the Facility on February 8th.
The CEI and a review of Aerostar's compliance is stated to have indicated:
- Storage of approximately 19 containers of hazardous waste onsite for more than 180-days without obtaining a permit and had not been granted an extension to the 180-day period.
- Failure to make a hazardous waste determination on solid wastes generated at the facility.
- Failure to have labeled nineteen 55-gallon drums located in the paint shop with the words "Hazardous Waste."
- Failure to mark accumulation start dates on nineteen 55-gallon drums located in the painting shop.
- Failure to keep closed a 55 gallon satellite accumulation drum holding hazardous waste located at the painting booth and a 35 gallon satellite accumulation drum holding hazardous waste located at the distiller.
- Failure to properly label a 55 gallon satellite accumulation drum holding hazardous waste located at the painting booth and a 35 gallon satellite accumulation drum holding hazardous waste located at the distiller.
- Failure to maintain documentation of the amount of hazardous waste generated each month.
- Failure to conduct weekly inspections of the central accumulation area.
- Failure to provide hazardous waste training to employees that handle hazardous waste.
- Failure to submit an ADEM Form 8700-12 annually.
Aerostar neither admits nor denies ADEM’s contentions.
The CO assesses a civil penalty of $13,000.
A copy of the CO can be found here.