Air Enforcement: Alabama Department of Environmental Management and Madison County Army Research and Development Facility Enter into Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and United States Army Garrison – Redstone Arsenal (“RSA”) entered into a June 15th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See Consent Order No. 22-XX-CHW.

The CO provides RSA is a research and development facility (“Facility”) owned and operated by the United States Department of the Army in Madison County, Alabama.

The Facility has been assigned USEPA ID Number AL7 210 020 742. It is stated to operate under a hazardous waste facility permit.

ADEM is stated to have conducted a Compliance Evaluation Inspection (“CEI”) on August 2-3, 2021. Alleged violations identified during the inspection included:

  • Multiple containers at OB/OD and garrison maintenance satellite accumulation areas did not have indication of hazards of content
  • Hazardous waste was accumulated for greater than the 90-day accumulation time limit

An additional inspection is stated to have been conducted on January 23-24 at the Facility. The inspection allegedly identified the following violation:

  • Certain containers were not marked with the date of receipt

ADEM is stated to have received photographs of the properly labeled containers on January 27th.

RSA neither admits nor denies ADEM’s contentions. Further, RSA states that all inspection findings were either corrected on the spot or on the next day. Also, RSA is stated to have initiated several awareness actions through the Facility to remediate future hazardous waste noncompliance issues that are described in the CO.

A civil penalty of $8,260 is assessed.

A copy of the CO can be downloaded here.