The Louisiana Department of Environmental Quality (“LDEQ”) and Kennedy Signs, LLC (“KS”) entered into a May 29th Settlement Agreement (“SA”) addressing alleged violations of the Louisiana hazardous waste regulations. See MM-CN-22-00431.
The SA provides that KS owns and operates a sign printing business in Amite, Louisiana.
The facility is stated to have been previously owned and operated by Britt Kennedy Signs, Inc.
The facility is registered with LDEQ as a Conditionally Exempt Small Quantity Generator (“CESQG”) of hazardous waste and operates under an EPA Identification Number. The facility does not have a permit or other authority to dispose of solid waste at the facility.
A Minor Source Air Permit is stated to have previously been issued to the prior owner. However, LDEQ is stated to have not received a Name/Ownership/Operator Change Form (NOC-I) form for an ownership change. The facility does not have the authority to emit pollutants into the air.
LDEQ is stated to have received a citizen’s complaint on or about February 11, 2022, alleging that there were numerous paint cans and container around the outside of the facility. LDEQ conducted inspections of the facility on February 18, 2022, and February 22. 2022.
The SA alleges that the following violations were identified:
- Failure to determine if a solid waste is a hazardous waste in order to ensure the wastes are properly managed.
- Failure to clean up a spill of hazardous waste in a timely manner.
- Failure to transfer hazardous waste from a leaking container to a container that is in good condition or manage the waste in some other way that complies with the requirements of Chapter 21.
- Failure to maintain the hazardous waste container in a manner to prevent leakage of the container.
- Caused and/or allowed he disposal of regulated solid waste without a permit.
- Failure to maintain best practical housekeeping and maintenance practices at the highest possible standards to reduce the quantity of volatile organic compounds emissions.
- Failure to submit a Name/Ownership/Operator Change Form (NOC-1) to LDEQ within forty-five (45) days after an ownership change.
The SA requires that certain actions be taken pursuant to timeframes specified in the document regarding compliance with the relevant hazardous waste regulations.
KS denies that it committed any violations or that it is liable for any fines, forfeitures, and/or penalties.
A copy of the SA can be found here.
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.