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The Alabama Department of Environmental Management (“ADEM”) and Pinnacle Manufacturing, LLC (“Pinnacle”) entered into a June 8th Consent Order (“CO”) addressing alleged violations of certain sections of the ADEM Admin. Code interpreting hazardous waste regulations. See Consent Order No. 20-XXX-CHW.
The CO provides that Pinnacle operates a specialty tank and container manufacturing facility (“Facility”) in Marshall County, Alabama.
The Pinnacle Facility is stated to constitute a large quantity generator as that Resource Conservation and Recovery Act term is defined in ADEM Admin. Code Div. 14.
A representative of ADEM’s Industrial Hazardous Waste Branch is stated to have conducted a compliance evaluation inspection (“CEI”) on November 19, 2019, of the Facility. The CEI and a review of Pinnacle’s compliance are alleged to have indicated the following:
- Storage of liquid hazardous waste outside of a containment system in certain areas
- Storage of hazardous waste, not in satellite accumulation, in certain areas without means to adequately restrict access
- Failure to label certain containers with the words “hazardous waste”
- Failure to mark certain containers of hazardous waste with accumulation start dates
- Failure to keep closed hazardous waste containers in certain areas, though it was neither adding nor removing waste
- Storage of multiple 55-gallon drums of hazardous waste onsite for longer than 90 days without first obtaining accumulation time limit extension or hazardous waste storage permit
The CO states that Pinnacle neither admits nor denies ADEM’s contentions.
A civil penalty of $13,125 is assessed.
A copy of the CO can be downloaded here.
http://adem.alabama.gov/newsEvents/notices/jun20/pdfs/6pinnacle.pdf
