Hazardous Waste Enforcement: Alabama Department of Environmental Management and University of Alabama Enter into Consent Order

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

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The Alabama Department of Environmental Management (“ADEM”) and the University of Alabama (“UofA”) entered into a Consent Order to address alleged violations of certain provisions of the ADEM Administrative Code related to the regulation of hazardous waste and used oil. See Consent Order No. 19-XX-CHW.

The CO addresses a UofA site (“Facility”) located in Tuscaloosa, Alabama.

UofA is stated to be a Large Quantity Generator of hazardous waste with USEPA ID Number ALD 077 647 692. It is also stated to be a Large Quantity Handler of Universal Waste.

ADEM is stated to have conducted a Compliance Evaluation Inspection (“CEI”) at the UofA to determine the Facility’s compliance with applicable requirements of Division 14 of the ADEM Administrative Code. The CEI is stated to have taken place from February 26 through March 1, 2018.

The violations alleged to have been identified by the CEI include:

  • Failure to provide a copy of the Waste Minimization Plan
  • Failure to update Contingency Plan when emergency coordinator changed
  • Failure to list all emergency equipment in Contingency Plan
  • Failure to document that Contingency Plan had been made available to emergency services
  • Failure to include required information and inspection logs
  • Failure to ensure that a used oil transporter was properly permitted
  • Failure to perform proper waste determinations
  • Failure to label containers properly
  • Failure to ensure that satellite containers holding hazardous waste were in good condition
  • Failure to ensure that satellite containers holding hazardous waste were closed
  • Failure to properly label universal waste
  • Failure to contain universal waste in containers that are structurally sound
  • Failure to demonstrate the length of time universal waste was accumulated
  • Failure to containerize broken universal waste lamps
  • Failure to maintain decontamination equipment
  • Failure to post appropriate signage at less than 90 day accumulation area
  • Failure to remove waste in excess of 55 gallons from satellite accumulation area
  • Failure to complete required training of employees
  • Failure to ensure containers holding used oil were closed
  • Failure to properly label containers of used oil

UofA provided ADEM a June 1, 2018, letter that addressed the actions that it was undertaking to correct the alleged violations.

Further, UofA stated that all violations have been corrected (many of which were corrected during the June 2018 CEI).

UofA neither admits nor denies ADEM’s contentions.

A civil penalty of $18,067 is assessed.

A copy of the CO can be found here.

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