Citation Case Study: Paint Drippings on the Ground a Hazardous Waste Violation
iSi conducts audits and inspections to find potential environmental violations, including hazardous waste.
iSi conducts audits and inspections to find potential environmental violations, including hazardous waste. Let us give you that second set of eyes to make sure your company is on track.
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The following is an example of a hazardous waste citation given to a manufacturing facility by a state’s environmental regulatory agency. The company appealed to the state’s Office of Administrative Hearings. Although this particular citation was from a state regulatory agency, the citation referenced a federal hazardous waste regulation and thus this issue may be cited in any location.
Can this scenario be found at your facility?
Scenario: A company had paint drips on the ground outside by their dumpster. The paint drips had accumulated over time since the company had been in the same location for over 10 years.
The Citation: 40 CFR 265.31
The company was cited for violation of hazardous waste rules for “Failure to prevent the possibility of fires, explosions or sudden releases of hazardous waste.”
The company tried to prove the paint drips came from exempt containers that were RCRA empty at the time of disposal into the dumpster, and the paint drips had accumulated over time.
The Ruling in Appeal:
In this appeals process, a judge reviewed the work of the state inspector and heard testimony by the cited company. The first consideration was whether all wastes were removed from the can that could be removed, as required by regulation in order for the remaining contents to be exempt.
KDHE and the Administrative Judge found that if the contents were able to drip from the cans upon transport to the dumpster, and in the quantity dripped, not all of the wastes were removed from the paint cans that could have been removed. As a handler of hazardous wastes, the company had a responsibility to take precautions to ensure that hazardous materials were not subject to a release “to air, soil, or surface water which could threaten human health or the environment.”
The judge noted that spills were understandable; however, the failure to clean up the spills and mitigate the release is crucial. With the premise that the hazardous waste contents of the paint cans were no longer exempt once they exited the paint can(s), the question is then whether the spills identified during the inspection violated 40 CFR 265.31.
The regulation states: “Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.”
The judge found that the company did not minimize the possibility of a fire or release of hazardous waste, and took the least restrictive means’ of handling a hazardous waste, resulting in spills.
Possible Solution: During the hearing a question was posed to the inspector as to what could have been done to prevent the spills. The inspector mentioned the possibility of using better bags for disposal or even double bagging the paint containers, and landfills are constructed to avoid release of hazardous wastes into the environment. The company was told it must take precautions to mitigate release, at the very least until the waste reaches the landfill and the citation was upheld.
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Frequently Asked Questions
Q: What does “RCRA empty” mean and when can a hazardous waste container be exempted from hazardous waste rules?
An RCRA empty container is one where all hazardous waste contents have been removed through emptying, pouring, or aspirating. If materials continue to drip, leak, or spill from a container during handling and transport, the container does not meet the RCRA empty standard. Under 40 CFR 265.31, hazardous waste handlers must prevent releases to air, soil, or water that could threaten human health or the environment. Even small, accumulated drips and spills constitute violations if not cleaned up promptly. iSi Environmental helps facilities establish proper hazardous waste container management to achieve and maintain RCRA empty status.
Q: What are facilities required to do to comply with 40 CFR 265.31 regarding hazardous waste spills and releases?
Facilities must be maintained and operated to minimize the possibility of fires, explosions, or unplanned releases of hazardous waste or hazardous constituents to air, soil, or surface water. This requires taking precautions to prevent spills during transport to the dumpster or disposal facility, and immediately cleaning up any spills that do occur. Failure to mitigate releases—even small accumulated drips—can result in RCRA violations and penalties. Best practices include using adequate containers, double bagging hazardous waste, securing containers during transport, and maintaining clean dumpster areas. iSi Environmental helps facilities implement spill prevention and cleanup procedures that satisfy EPA requirements.
Q: Can accumulated hazardous waste spills over time result in regulatory citations?
Yes. Regulatory agencies and judges have found that facilities are responsible for accumulated hazardous waste spills on the ground, regardless of how long the spills have accumulated. Failure to clean up spills and mitigate releases violates 40 CFR 265.31. Facilities must take responsibility for environmental protection and implement controls to prevent releases from occurring and spreading. Regular housekeeping, spill cleanup, and preventive measures are essential to avoid citations. iSi Environmental conducts hazardous waste compliance audits to identify and remediate spill violations.
Q: What precautions can facilities take to prevent paint and hazardous waste container spills during disposal?
Facilities should use sturdy, intact containers for hazardous waste; ensure containers are properly sealed before transport; double-bag hazardous materials if needed; use secondary containment when transferring materials; maintain clear, clean pathways to disposal areas; and establish cleaning procedures for any spills that occur. Contractors should be trained on proper handling, and facilities should monitor disposal practices to ensure compliance. The disposal facility itself should be equipped with proper containment systems. iSi Environmental helps facilities in Kansas, Oklahoma, and surrounding areas establish compliant hazardous waste transport and disposal procedures.
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