Enforcement of Hazardous Waste Laws: Alabama Department of Environmental Management and Attalla Hazardous Waste Treatment and Storage Facility Reach Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC

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The Alabama Department of Environmental Management (“ADEM”) and Giant Resource Recovery-Attalla, Inc. (“Giant”) entered into a Consent Order (“CO”) on January 25 regarding the alleged violations of Alabama’s hazardous waste regulations. See Consent Order No. 22-XXX-CHW.

The CO provides that Giant operates a licensed commercial hazardous waste processing and storage facility (“Facility”) in Attalla, Alabama.

Plant operations are described as including:

  • Treatment and storage of hazardous waste
  • Generator of large quantities of hazardous waste
  • waste oil generator
  • Used oil marketer
  • Handler of small quantities of universal waste

A representative of the Hazardous Industrial Waste Branch of ADEM would have carried out a conformity assessment visit (“CEI”) of the Installation on August 18, 2021.

The IEC and a review of Giant’s compliance reportedly indicated the following violations:

  • Two drums containing hazardous waste located in the container storage warehouse were not in good condition.
  • Storage of a 275 gallon bin containing hazardous waste in the container storage warehouse for over a year.

In response to the alleged violations, Giant asserted that:

. . . the only metal bin stored for more than a year was only for accumulation, necessary to ensure proper treatment in an off-site incinerator.

Giant neither admits nor denies ADEM’s assertions.

A civil penalty of $10,080 is imposed.

A copy of the CO can be downloaded here.

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