Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Fairbanks, Alaska, Hospital Enter into Expedited Settlement Agreement

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

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The United States Environmental Protection Agency (“EPA”) and Fairbanks Memorial Hospital (“FMH”) entered into a November 2nd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) hazardous waste regulations. See Docket No. RCRA-10-2022-0264.

The ESA provides that FMH is the owner or operator of a facility (“Facility”) in Fairbanks, Alaska.

EPA is stated to have inspected the Facility on May 11-12, 2022. The Facility is described as a small quantity generator of hazardous waste and a small quantity handler of universal waste.

The ESA states the following violations were identified:

  • Storage of hazardous waste without a permit or interim status
  • Failure to accumulate hazardous waste onsite for less than 270 days
  • Failure to mark or label containers of hazardous waste with a hazard indicator
  • Failure to keep containers of hazardous waste in a satellite accumulation area
  • Failure to mark or label containers of hazardous waste in a satellite accumulation area as hazardous waste
  • Failure to mark or label containers of hazardous waste in a satellite accumulation area with a hazard indicator
  • Failure to meet the standards for containers used to accumulate non-creditable hazardous waste pharmaceuticals at health care facilities
  • Failure to label or clearly mark containers used to contain non-creditable hazardous waste pharmaceuticals at health care facilities
  • Failure to accumulate universal waste for no longer than one year
  • Failure to make a hazardous waste determination

FMH neither admits nor denies the factual allegations contained in the ESA.

The ESA assesses a civil penalty of $11,250.

A copy of the ESA can be downloaded here.

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