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Oregon Metal Producer Fined $43K for RCRA Violations

Posted on 6/7/2016 by Roger Marks

For the second time in three years, a metal fabrication company with a site in Albany, Oregon will pay a large fine for alleged violations of Federal and Oregon State hazardous waste management regulations.

In its Notice of Civil Penalty Assessment dated May 19, 2016, the Oregon Department of Environmental Quality (DEQ) asserts that the Albany facility—which is not a permitted treatment, storage, and disposal facility (TSDF)—not only failed to make proper hazardous waste identifications, but shipped hazardous waste without the required documentation (Intro to the Hazardous Waste Manifest).

Nearly every US state—including Oregon—is authorized by US EPA to create unique hazardous waste regulations. These unique State rules must be at least as stringent as the Federal Resource Conservation and Recovery Act (RCRA) standards.
Metallurgy, metal finishing, and metal recycling industries are major targets of US EPA hazardous waste enforcement activity.

What Is a Hazardous Waste Manifest?

Under US Department of Transportation rules, most “hazardous materials,” or “hazmat,” shipments offered for transport by ground, air, ocean, or rail must be accompanied by a hazmat shipping paper. The shipping paper provides critical information for transportation employees (like drivers) and emergency response crews who may need fast access to data about the hazmat involved when they are called to the scene of a hazmat incident.

When manufacturers, chemical companies, labs, and other hazardous waste generators ship hazardous waste, the shipment must be accompanied by Intro to the Hazardous Waste Manifest. When hazardous waste enters the cycle of transportation, the regulatory authority shifts from US EPA to US DOT: EPA’s main concern is preventing environmental contamination while hazardous waste is on-site, while DOT oversees the safe transport of hazardous materials (including RCRA hazardous wastes). 
For this reason, training on 49 CFR hazmat rules is required for any employee who signs a Hazardous Wastes Manifest.
 
Hazardous waste storage under US EPA RCRA Rules
 

$825,000 Fine for RCRA Violations in 2013

The same parent company was fined in 2013 for improper storage, transport, and disposal of anhydrous magnesium chloride, a reactive hazardous waste that poses fire and explosion risks.
 

RCRA Workshops Trusted Nationwide

Be confident you know the US EPA RCRA rules that apply to the hazardous waste your site generates! At the RCRA Hazardous Waste Management Workshop, build a streamlined approach to manage your site’s waste from cradle to grave in full compliance with RCRA.
Don’t risk shutdowns, spills, future liability, and EPA fines up to $37,500 per day, per violation—meet your annual RCRA training requirement at the interactive, effective workshop trusted by hazardous waste professionals nationwide.

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