# Operator Chem-Solv, Inc. and Owner Austin Holdings-VA, L.L.C. Ordered to Pay Full Penalty

- Link: https://greenlivingguy.com/2015/02/penalty-upheld-for-waste-violationsat-roanoke-virginia-chemical-distributor/
- Published: 2015-02-19T01:21:52-05:00
- Author: greenlivingguy

PHILADELPHIA (February 18, 2015) – The U.S. EPA’s Environmental Appeals Board (EAB)
has most importantly upheld the results of an EPA [enforcement action](https://greenlivingguy.com/2012/02/epa-announces-summary-of-pacific-northwest-and-alaska-enforcement-actions-for-fall-2011/).
More noteworthy, it’s involving hazardous waste storage. All that was initiated 
in 2011 against Chem-Solv, Inc. and Austin Holdings-VA, L.L.C.  For they are the
operator and also the owner. All of a chemical blending and also a distribution 
facility in Roanoke, [Virginia](https://greenlivingguy.com/2022/07/greenpower-motor-to-begin-manufacturing-electric-school-buses-this-fall-in-west-virginia-facility/).

In a January 26, 2015 Final Decision and Order, the EAB upheld in its entirety the
2014 Initial Decision. It’s made by the EPA Chief Administrative Law Judge (ALJ).
They are also ordered respondents to pay the full. That’s for most noteworthy an
original $612,338.78 civil penalty.

### EPA Fining Chem-Solv, Inc

[Chem-Solv](https://greenlivingguy.com/2024/04/governor-kathy-hochul-reports-nys-clean-energy-job-growth/),
Inc., the operator of a chemical distribution facility located at 1111 and 1140 
Industry Ave. in Roanoke. It also occurred in Austin Holdings-VA, L.L.C.  They are
the facility owner. Those who handles and also distributes various chemicals.

#### For that’s including:

 1. alcohols
 2. acids
 3. caustics
 4. mineral oils
 5. surfactants
 6. glycols
 7. and also solvents.

### EPA RCRA

EPA’s complaint cited violations of the Resource Conservation and Recovery Act (
RCRA). It’s most commonly known as the federal law governing the treatment, storage,
and disposal of hazardous waste. RCRA is designed to protect public health and the
environment. Especially avoid costly cleanups. That’s by requiring the safe, environmentally
sound storage and also the disposal of hazardous waste. The RCRA requirements mandate
the use of safe practices. Especially which greatly reduce the chances that hazardous
waste will be released into the environment.

### Chem-Solv

In its 2014 appeal, Chem-Solv raised four issues questioning the ALJ’s determination
that:

(1) the company had impermissibly operated a hazardous waste storage tank regulated
under RCRA

(2) a leaking chemical drum. Worst part it contained a solid waste rather than a
useful product.

(3) the company had failed to make required hazardous waste determinations for materials
in the storage tank and for certain aerosol paint cans; and (4) whether the ALJ 
demonstrated bias against the Chem-Solv in the underlying decision.

In its January 26, 2015 Final Decision and Order, the EAB found that the ALJ’s Initial
Decision was “supported by a preponderance of the evidence” and that Chem-Solv’s
allegations that the ALJ exhibited bias were “without merit.” The EAB found “no 
evidence of bias in the record” and noted how the ALJ’s Initial Decision “thoroughly
explain[ed] why she found each witness’ testimony credible or not, and cited to 
other facts in the record upon which she relied in reaching her decision.”

The EAB ordered full payment of the civil penalty within 30 days and let stand the
ALJ’s original compliance order requiring the company to comply with applicable 
RCRA hazardous waste tank closure requirements.

#### Respondents have the right to appeal the EAB’s Final Decision and Order to federal district court.

The Final Decision and Order is available at: [http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/146aca7a3e02423e8525706c005493da/aaefef2f47fee91085257dd90061c4a3!OpenDocument](https://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/146aca7a3e02423e8525706c005493da/aaefef2f47fee91085257dd90061c4a3!OpenDocument)

The 2014 Initial Decision is available at: [http://www.epa.gov/aljhomep/orders/2014/RCRA-03-2011-0068_Chemsolv_14-06-05_ID_Biro.pdf](https://www.epa.gov/alj)

![author avatar](https://secure.gravatar.com/avatar/5c7e08931898acde1378f722c2e6888e023a7cd602c38dfeda48699bc2d211dd?
s=300&d=monsterid&r=g)

 greenlivingguy

 The Green Living Guy, Seth Leitman is an independent power producer, a green living
expert, and Editor of the McGraw-Hill, TAB Green Guru Guides. Seth is also an Author,
Radio Host, Reporter, Writer and an Environmental Consultant on green living. The
Green Living Guy writes about green living, green lighting, the green guru guides
and more. Seth's books range from: # Build Your Own Electric Vehicle by Bob Brant
and Seth Leitman (2nd and 3rd editions) # Build Your Own Plug-in Hybrid Electric
Vehicle by Seth Leitman # Build Your Own Electric Motorcycle by Carl Vogel # Green
Lighting by Seth Leitman, Brian Clark Howard and Bill Brinsky # Solar Power For 
Your Home by David Findley # Renewable Energies For Your Home by Russel Gehrke #
Do-it-Yourself Home Energy Audits by David Findley # Build Your Own Small Wind Power
System by Brian Clark Howard and Kevin Shea # and more green living books to follow.

 [See Full Bio](https://greenlivingguy.com/author/greenlivingguy/) [  ](https://greenlivingguy.com/author/greenlivingguy/)