Enforcement of Hazardous Waste Laws: Alabama Department of Environmental Management and Albertville Water Flow Control Manufacturing Plant Reach Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC

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The Alabama Department of Environmental Management (“ADEM”) and the Mueller Company (“MC”) entered into a Consent Order (“CO”) on December 4 regarding alleged violations of Alabama hazardous waste. See Consent Order No. 22-XXX-CHW/CSW.

The CO provides that MC will operate a portable water flow control manufacturing and packaging facility (“Facility”) in Albertville, Alabama.

The facility is declared to have an EPA hazardous waste identification number. Additionally, MC is considered a High Quantity Generator as that term is defined in ADEM Admin. Div. 14.

MC is also declared to be a licensed landfill operator under a Solid Waste Disposal Permit.

A representative of ADEM’s Hazardous Industrial Waste Department is said to have carried out a conformity assessment (“CEI”) visit to the Installation on 4 May. IEC and a review of MC’s compliance would have shown the following:

  • Disposal of filters contaminated with spent solvents in the on-site solid waste landfill of the Alabama Hazardous Waste Management Minimization Act unlicensed facility.
  • Storage of hazardous waste in the Forge Paint Area secondary containment system for more than 90 days without a permit or extension.
  • Disposal of hazardous waste F005 in the industrial landfill on site without the appropriate permit.

MC reportedly responded to a Notice of Violation previously issued on August 16.

MC is declared to neither admit nor deny ADEM’s assertions.

A civil penalty of $22,400 is imposed.

A copy of the CO can be downloaded here.

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