The United States Environmental Protection Agency (“EPA”) and Evergreen Battery Recycling LLC (“Evergreen”) entered into a February 11th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) regulations. See Docket No. RCRA-05-2026-0001.
The CAFO provides that Evergreen is the owner or operator of a facility in Warren, Ohio.
The facility’s actions and processes are stated to cause the production of hazardous waste. Further, Evergreen is stated to be a generator of hazardous waste. Evergreen is stated to have generated, since 2023, 1,000 kg or greater of hazardous waste in some calendar months which was shipped off-site to a treatment, storage, or disposal facility.
The CAFO alleges the following violations involving:
- Notification of Change of Hazardous Waste Activity.
- Biennial Reporting.
The CAFO requires that Evergreen file with Ohio EPA an updated Notification of RCRA Subtitle C Activities along with the 2023 Biennial Hazardous Waste Report.
A civil penalty of $13,750 is assessed.
Evergreen neither admits nor denies the factual allegations in the CAFO.
A copy of the CAFO 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.