Author: Walter G. Wright
The Alabama Department of Environmental Management ("ADEM") and the United States Department of the Air Force ("Air Force") entered into a Consent Order dated August 28th addressing certain alleged violations of the ADEM Administrative Code.
The Consent Order alleges that ADEM, pursuant to an August 20, 2013 Compliance Evaluation Inspection ("CEI") conducted at Maxwell Air Force Base ("MAFB"), discovered certain violations of the ADEM Administrative Code.
ADEM alleges that while operating a bead blasting unit in the MAFB paint shop, spent bead blasting waste was released from the unit onto the concrete pad and the soil surrounding the unit.
The spent bead blast is alleged to be a hazardous waste. This condition is alleged to be a violation of the ADEM Administrative Code provision stating that facilities must be maintained and operated to minimize the possibility of fire, explosion, or any unpermitted sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water, or groundwater, which could threaten human health or the environment.
The Consent Order also alleges a violation of the ADEM Administrative Code requiring that the owner or operator remedy any deterioration or malfunction of equipment or structures which the inspection required by the ADEM Administrative Code reveals, on a schedule which ensures that the problem does not lead to an environmental or human health hazard. If a hazard is imminent or has already occurred, ADEM contends that remediation action must be taken immediately.
The Consent Order also states that the Air Force MAFB facility failed to attempt or make an arrangement with ADEM to seek services for the type of waste handled at the facility.
The Air Force responds in the Consent Order that it has a "robust and thorough environmental management program with an outstanding record of compliance." It also contends that the circumstances leading to the bead blast waste on the concrete pad were unique and atypical of the approach MAFB takes regarding protection of the environment and that the facility had reacted to the bead blast waste when discovered during the inspection. Further, it alleges that significant changes have been made to the operational procedures to ensure a similar condition does not occur and secondary containment for the collection has been established. In addition, the bead blast unit was replaced.
The Air Force has agreed to a civil penalty of $19,125.
A copy of the Consent Order can be downloaded below.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.