PHILADELPHIA (February 18, 2015) – The U.S. EPA’s Environmental Appeals Board (EAB) has upheld the results of an EPA enforcement action. It’s involving hazardous waste storage that was initiated in 2011 against Chem-Solv, Inc. and Austin Holdings-VA, L.L.C. For they are the operator and owner. All of a chemical blending and distribution facility in Roanoke, Va.

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 also ordered respondents to pay the full. That’s for original $612,338.78 civil penalty.

EPA Fining Chem-Solv, Inc

Chem-Solv, Inc., the operator of a chemical distribution facility located at 1111 and 1140 Industry Ave. in Roanoke, and Austin Holdings-VA, L.L.C. They are the facility owner who handles and distributes various chemicals.

For that’s including:

alcohols
acids
caustics
mineral oils
surfactants
glycols
and also solvents.

EPA RCRA

EPA’s complaint cited violations of the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups. That’s by requiring the safe, environmentally sound storage and 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 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.