Citation Case Study: Paint Drippings on the Ground a Hazardous Waste Violation
In a recent ruling by a state environmental regulatory agency, paint drips on the ground were considered to be a hazardous waste violation.
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.
⚡ TL;DR: Paint drips and other hazardous waste spills must be cleaned up immediately. Even small accumulated spills over years can trigger citations for violating 40 CFR 265.31. Failure to prevent releases carries penalties up to $17,000 per violation.
Can this scenario be found at your facility?
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.
⚠️ What’s at stake: Hazardous waste citations under 40 CFR 265.31 can result in civil penalties ranging from $9,500 to $17,000 per violation. Facilities face additional liability for environmental remediation costs and potential criminal charges if releases reach soil or groundwater.
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.
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.
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.
Are paint drips accumulating outside your dumpster? Is your facility handling hazardous waste containers with secondary containment? iSi Environmental can conduct a hazardous waste management audit to identify spill risks before regulators do. Schedule a site assessment →
💰 The cost of non-compliance: EPA and state environmental agencies assess civil penalties from $500–$17,000 per violation for hazardous waste mismanagement. Remediation costs for contaminated soil can exceed $50,000–$500,000 depending on containment extent.
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.
Frequently Asked Questions
Q: What does “RCRA empty” mean and why does it matter for paint disposal?
A: Under RCRA (Resource Conservation and Recovery Act) regulations, a container is considered RCRA empty when all wastes have been removed that can be removed using standard practices. If hazardous waste drips from containers during transport to the landfill, this indicates not all removable waste was extracted, meaning the RCRA empty exemption does not apply and the spilled material remains hazardous waste subject to 40 CFR 265.31 requirements.
Q: What precautions should I take to prevent hazardous waste spills during disposal?
A: According to 40 CFR 265.31, facilities must minimize the possibility of fires, explosions, or unplanned releases of hazardous waste. Preventive measures include using double-bagging, secondary containment, designated disposal containers with proper sealing, and ensuring transport routes prevent spillage to soil, surface water, or air where they could threaten human health or the environment.
Q: Am I responsible for cleaning up spills that occur during hazardous waste handling?
A: Yes. Under 40 CFR 265.31 and as illustrated in this case study, handlers of hazardous waste have a responsibility to immediately clean up spills and mitigate releases. The judge in this case emphasized that while spills may be understandable, failure to remediate them constitutes a violation of hazardous waste management requirements.
Q: How long can hazardous waste accumulation sites exist before they pose a violation risk?
A: There is no grace period for hazardous waste management violations. As this case demonstrates, paint drips that accumulated over 10 years still constituted a current violation of 40 CFR 265.31. iSi Environmental recommends quarterly facility inspections to identify and remediate any spills or potential releases immediately.
Every satisfactory hazardous waste compliance program starts with knowing where the gaps are. iSi Environmental helps industrial and manufacturing facilities across Kansas, Oklahoma, and Texas identify spill risks, prevent releases, and maintain regulatory compliance. Schedule a hazardous waste compliance review →
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