Enforcement of Hazardous Waste Laws: Alabama Department of Environmental Management and Dothan Aircraft Repair/Refurbishment Center Reach Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC

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The Alabama Department of Environmental Management (“ADEM”) and Commercial Jet Services LLC (“CJS”) entered into a Consent Order (“CO”) on April 21 regarding alleged violations of Alabama Hazardous Waste. See Consent Order No. 22-XXX-CHW.

The Order provides that CJS operates an aircraft repair and overhaul facility in Dothan, Alabama (“Facility”).

The facility has an EPA Hazardous Waste Identification Number. In addition, the CO provides that due to its operations at the facility, it is considered to be:

  • Large quantity generator
  • Handler of small quantities of universal waste
  • waste oil generator

A representative of the Hazardous Industrial Waste Branch of ADEM is said to have carried out a conformity assessment inspection (“CEI”) of the CJS Facility on August 19, 2021. The IEC is said to have identified the following violations:

  • Storing hazardous waste for more than 90 days without a permit or extending the 90-day accumulation period
  • Failure to make waste determinations on the following wastes in the central hazardous waste accumulation area
  • Failure to mark or label the following satellite accumulation containers with the words “Hazardous waste:”
  • Failure to mark or label the following satellite hoarding containers with an indication of the hazards of the contents:
  • Failure to keep closed certain hazardous waste containers located in the central hazardous waste accumulation area
  • Failure to mark or label certain hazardous waste containers located in the central hazardous waste accumulation area with the words “Hazardous Waste”
  • Failure to mark or label certain hazardous waste containers located in the central hazardous waste accumulation area with an indication of the hazards of the contents
  • Failure to mark or label certain hazardous waste containers located in the central hazardous waste accumulation area with accumulation start dates
  • Failure to mark or label certain hazardous waste containers located in the central hazardous waste accumulation area with the appropriate Environmental Protection Agency hazardous waste numbers
  • Stored certain universal waste located in the central hazardous waste accumulation area for more than one year
  • Failure to keep closed three 55-gallon drums containing waste oil located in waste oil area
  • Failure to mark or label certain used oil containers with the words “used oil”
  • Failure to include location of emergency equipment in facility emergency plan
  • Failure to develop a quick reference guide for the emergency plan
  • Failure to demonstrate that facility personnel inspected central accumulation weekly
  • Failure to provide for review copies bearing the handwritten signature of the owner or operator of the designated facility of the hazardous waste manifest dated January 5, 2021

CJS does not endorse or deny ADEM’s assertions except to the extent that it specifically denies such assertions in certain paragraphs of the CO.

Specifically, the CJS states the following in paragraphs 10, 11 and 12 of the CO:

10. On August 19, 2021, when ADEM conducted an IRC of Commercial Jet Services, Commercial Jet Services was not informed prior to the inspection date that ADEM was attending the location for an inspection despite the fact the country was in crisis. the COVID19 pandemic and it was well known that the pandemic was affecting the way companies conducted their business and managed their staff during this time.

11. With respect to paragraph 4(o) of Commerce’s assertions above, Commercial Jet Services provided weekly inspection reports for 2021 when it provided its response letter dated November 22, 2020 to the ‘ADEM Violation Notice. Accordingly, Commercial Jet Services demonstrated that facility personnel inspected the central accumulation areas weekly.

12. With respect to paragraph 4(p) of Commerce’s Arguments above, Commercial Jet Services in its response letter dated November 22, 2021 to ADEM’s Notice of Violation, provided a copy bearing the handwritten signature of the owner or operator of the designated facility of the hazardous waste manifests dated January 5, 2021. ADEM did not initially specify in its correspondence to Commercial Jet Services what type of copy it wanted, the transport copy has been provided. When ADEM clarified in an informal meeting that it was seeking a copy of the Designated Facility Copy, Commercial Jet Services provided ADEM with the requested Designated Facility Copy. Accordingly, Commercial Jet Services has not failed to provide for review copies bearing the handwritten signature of the owner or operator of the designated facility of the hazardous waste manifests dated January 5, 2021.

The CO imposes a civil penalty of $16,920.

A copy of the CO can be downloaded here.

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