Settlement Proposes $1.6M in Civil Penalties for Alleged CAA, RCRA Violations

Settlement Proposes $1.6M in Civil Penalties for Alleged CAA, RCRA Violations

The U.S. and Wisconsin announced the settlement on December 1.

A new proposed settlement between the U.S., along with the State of Wisconsin, and one company may mean high penalties and necessary changes.

According to a news release, the U.S. and Wisconsin announced the settlement on December 1. A complaint alleges that the company, Container Life Cycle Management LLC, violated the Clean Air Act (CAA) and Resource Conservation and Recovery Act (RCRA) at “three steel and plastic drum, and tote reconditioning facilities” in Wisconsin, per the complaint.

The U.S. alleged that the company did not “control emissions of volatile organic compounds” at one location in St. Francis, Wisconsin, leading to alleged CAA violations. The “storage and handling of hazardous waste” at locations in St. Francis, Oak Creek and Milwaukee, Wisconsin, led to alleged RCRA violations.

In addition to a civil penalty of $1.6 million (50 percent of which would go to the U.S. and 50 percent to Wisconsin), the proposed settlement also requires the company to use a “container management plan” for two years, according to the news release.

Specific measures are also outlined in the proposed settlement for two of the locations: St. Francis and Oak Creek. At the St. Francis location, Container Life Cycle Management LLC must use “a regenerative thermal oxidizer” and “construct additional emissions capture systems.” In Oak Creek, the temperature of the “drum reclamation furnace afterburner” must be noted and be at least 1,650 degrees. Both locations would also be required to ensure that “performance testing” is carried out, according to the news release.

“Today’s settlement benefits public health and the environment by ensuring proper handling of hazardous wastes at Container Life Cycle Management’s container reconditioning facilities and will significantly limit harmful emissions of volatile organic compounds,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in the news release.

"[F]inal court approval" is still needed, the EPA said, and the pubic comment period for the proposed settlement has not yet been announced, as of December 2, 2022.

About the Author

Alex Saurman is the Content Editor for Environmental Protection.

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