FEBRUARY 18, 2015
PHILADELPHIA, PENNSYLVANIA
The
U.S. EPA’s Environmental Appeals Board (EAB) has upheld the results of an EPA
enforcement action involving hazardous waste storage that was initiated in 2011
against Chem-Solv, Inc. and Austin Holdings-VA, L.L.C., the operator and owner
of a chemical blending and distribution facility in Roanoke, Va.
In a January 26, 2015 Final Decision and Order,
the EAB upheld in its entirety the 2014 Initial Decision made by a EPA Chief
Administrative Law Judge (ALJ), and ordered respondents to pay the full,
original $612,338.78 civil penalty.
Chem-Solv, Inc., the
operator of a chemical
distribution facility located at 1111 and 1140 Industry Ave. in Roanoke, and
Austin Holdings-VA, L.L.C., the facility owner, handles and distributes various chemicals, including alcohols, acids,
caustics, mineral oils, surfactants, glycols and solvents.
“EPA takes seriously
our obligation to protect people’s health and safeguard communities by assuring
compliance with the nation’s environmental laws,” said EPA Regional
Administrator Shawn M. Garvin. “This final decision and order affirms the due
diligence we took in pursuing an enforcement action to address hazardous waste
violations that put the public’s health and environment at risk.”
EPA’s complaint cited
violations of the Resource Conservation and Recovery Act (RCRA), the federal
law governing the treatment, storage, and disposal of hazardous waste. RCRA is
designed to protect public health and the environment, and avoid costly
cleanups, by requiring the safe, environmentally-sound storage and disposal of
hazardous waste. The RCRA requirements mandate the use of safe practices which
greatly reduce the chances that hazardous waste will be released into the
environment.
In its January 26, 2015 Final Decision and Order, the EAB found that the ALJ’s Initial Decision was “supported by a preponderance of the evidence” and that Chem-Solv’s allegations that the ALJ exhibited bias were “without merit.” The EAB found “no evidence of bias in the record” and noted how the ALJ’s Initial Decision “thoroughly explain[ed] why she found each witness’ testimony credible or not, and cited to other facts in the record upon which she relied in reaching her decision.”
The EAB ordered full payment of the civil penalty
within 30 days and let stand the ALJ’s original compliance order requiring the
company to comply with applicable RCRA hazardous waste tank closure
requirements.
The Final Decision and Order is available at: http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/146aca7a3e02423e8525706c005493da/aaefef2f47fee91085257dd90061c4a3!OpenDocument
The 2014 Initial Decision is available at: http://www.epa.gov/aljhomep/orders/2014/RCRA-03-2011-0068_Chemsolv_14-06-05_ID_Biro.pdf