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In re Chemsolv, Inc.

Case Number: 
No. RCRA-03-2011-0068
ELR Citation:44 ELR 47904

An EPA administrative law judge (ALJ) ordered a chemical company to pay $612,338.78 for failing to properly handle hazardous waste stored in a pit tank at a facility in Roanoke, Virginia, in violation of RCRA. EPA had alleged that respondents Chem-Solv and Austin Holdings owned or operated a hazardous waste storage facility without a permit and charged the respondents with six additional counts related to the unlawful storage of hazardous waste in the pit tank. The judge found the respondents jointly and severally liable for counts I, III, IV, V, VI, and VII, including storing hazardous waste without a permit or interim status; operating a tank system without secondary containment; failing to maintain records of a tank assessment; failing to comply with inspection and recordkeeping requirements; failing to implement the air pollution controls required for the storage of volatile organic compounds; and failing to comply with the closure and post-closure requirements. Chem-Solv was found solely liable for the violation alleged in count II: failure to perform hazardous waste determinations. A penalty of $597,026.28 was assessed against Chem-Solv and Austin Holdings jointly and severally, while an additional $15,312.50 was assessed against Chem-Solv individually. The EPA Environmental Appeals Board upheld the ALJ's initial decision; this final order followed.