Hazardous Waste Enforcement: U.S. Environmental Protection Agency and St. Paul, Minnesota, Tool Manufacturer Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Viking Drill & Tool, Inc. (“Viking”) entered into an April 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Minnesota hazardous waste regulations. See Docket No. RCRA-05-2022-0008.

The CAFO provides that Viking is an owner or operator as those terms are defined under the Minnesota hazardous waste regulations of a facility (“Facility”) located in St. Paul, Minnesota.

Viking is also stated to be a generator of hazardous waste as those terms are defined under the Minnesota hazardous waste regulations. Further, the Facility is stated to have generated 1000 kilograms or greater of hazardous waste on some calendar months which it shipped off-site to a treatment, storage, or disposal facility.

The CAFO identifies the following alleged violations:

  • Failure to submit a notification of the change of the Facility’s type of hazardous waste activity to a large quantity generator in relevant months
  • Failure to prepare and submit a biennial report to the State of Minnesota by March 1 for the preceding calendar year

The CAFO requires that Viking comply with the following requirements as expeditiously as possible and no later than 30 days from the date of the document:

  • File with Minnesota an updated Notification of RCRA Subtitle Activities including the type of waste handled and the type of hazardous waste activity
  • File with Minnesota a biennial Hazardous Waste Report covering the year 2019

A civil penalty of $11,472 is assessed.

A copy of the CAFO can be downloaded here.

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