Search

Retail Chain to Pay $375,000 for Hazardous Waste Violations

Posted on 10/30/2017 by Roger Marks

A major department store will pay a $375,000 civil penalty and complete environmental projects to settle alleged violations of the RCRA hazardous waste regulations at 44 of its stores.

According to EPA, each store generated about 1,500 pounds of hazardous waste per month—enough to be regulated as a small quantity generator. However, based on EPA’s press release—it seems the company failed to provide adequate hazardous waste training, did not notify EPA or State agencies of its hazardous waste activities as required, and shipped hazardous waste without the appropriate Hazardous Waste Manifest documentation.

In addition to paying the six-figure civil penalty, the company must:
  • Develop and deliver a hazardous waste training program for other retailers;
  • Promote hazardous waste training to appropriate personnel;
  • Complete third-party audits of 11 stores in EPA Region 6; and                              
  • Share the RCRA audit results with its other 600+ locations.              

Hazardous Waste Challenges for the Retail Sector

This hazardous waste enforcement actions underscores the challanges retail stores face when it comes to hazardous waste management compliance. 

A typical industrial facility uses, stores, and disposes of the same chemicals day in and day out. Large retailers, on the other hand, may deal with millions of individual products that, when disposed of, may be hazardous wastes—perfumes, colognes, cosmetics, cleaning products, paints, solvents, pesticides, pharmaceuticals, electronics, returned batteries, and many more.
   
In retail stores, hazardous waste training is crucial to get employees up to speed on how to identify hazardous waste and how to manage it, store it, and arrange for disposal in compliance with RCRA.

This is especially true of large chains—where, as this example shows—EPA enforcement can often go beyond one facility to cover operations and hazardous waste mistakes at dozens of stores nationwide, leading to larger penalties and more burdensome environmental projects.

In September 2016, a grocery chain was fined $3.5 million for RCRA hazardous waste violations.


New Hazardous Waste Rules Impact on Retail Stores

As of May 31, 2017, updates to US EPA’s RCRA hazardous waste requirement are in effect. The revised RCRA rules include provisions that make compliance especially difficult for retail establishments.

For example, hazardous waste containers must now be marked with more specific information about the hazardous waste stored inside. The new container labeling rules apply to both large quantity and small quantity generators. Under the new RCRA rules, hazardous waste containers and tanks must be marked with:
 
  • The words “Hazardous Waste”;
  • “Other words that identify the contents of the container”; and 
  • An indication of the hazard of the contents.
For industrial facilities that manage the same waste streams each day, adding some markings to hazardous waste containers may be relatively simple. But for retail facilities—who may have a container filled with many different waste consumer products—this marking requirement may be a significant burden.


What’s so Different About Retail Hazardous Waste?

A retail facility doesn’t generate drums full of spent acetone or toluene the way a typical manufacturing plant would. Instead, a retail facility may generate wastes like various aerosol cans of different products, a collection of tiny cosmetics packages, a returned car battery, a few damaged paint cans, a leaking can of pesticide, and a defective lawnmower with gasoline in it—all in the same day. 

Properly identifying, storing, and labeling these disparate hazardous wastes in containers is a major burden, especially given the stringent new requirements. In the past, smaller items may have been consolidated in a container and the container simply labeled “Hazardous Waste.” Now, retailers must label hazardous waste based on hazard information that may or may not be obvious to employees sorting or arranging for the return, recycling, or disposal of the waste products.


Final RCRA Hazardous Waste Training of 2017

Meet US EPA’s hazardous waste training requirements at 40 CFR 262.17(a) when Lion Technology presents the nationally trusted RCRA Hazardous Waste Management Workshop in a city near you!  

Don’t miss the FINAL RCRA training workshops of 2017 in Boston on Nov. 30–Dec. 1, Manchester on Dec.4–5, Hartford on Dec. 7–8, New Jersey on December 11–12, and Philadelphia on December 13–14. 
 

Tags: EPA, fines and penalties, generator improvements, new rules, RCRA

Find a Post

Compliance Archives

Lion - Quotes

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Lion's training was by far the best online RCRA training I've ever taken. It was challenging and the layout was great!

Paul Harbison

Hazardous Waste Professional

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

Download Our Latest Whitepaper

Shipping papers are a crucial part of safely shipping hazardous materials. See the top 5 mistakes shippers make on shipping papers, and how to avoid them.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.