Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Wheeling, Illinois Solvent/Paint Coatings 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 Sunnyside Corporation (“Sunnyside”) entered into a June 4th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Illinois Hazardous Waste Regulations. See Docket No. RCRA-05-2024-0012.

The CAFO provides that Sunnyside is an owner or operator of a facility in Wheeling, Illinois.

The facility is stated to be classified as a generator of hazardous waste. In addition, since at least 2022, the facility is stated to have generated 1,000 kg or greater of hazardous waste in some calendar months, which it shipped offsite to a treatment, storage, or disposal facility.

The CAFO alleges the following violations:

  • Failure to submit a notification of the change of the facility’s type of hazardous waste activity to large quantity generator status in certain months.
  • Failure to prepare and submit and Annual Report to the Illinois Environmental Protection Agency by March 1st of the proceeding calendar year.

The CAFO requires that Sunnyside file with Illinois an updated notification of RCRA Subtitle C activities, including the types of waste handled and the type of hazardous waste activity. Such updated notification is allowed to the filed with the 2022 Annual Hazardous Waste Report.

A civil penalty of $13,715.00 is assessed.

A copy of the CAFO can be downloaded here.

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