EPA Inspection Reveals Hazardous Waste Violations At Diamond-Vogel Paint Company In Burlington, Iowa

An EPA Region 7 compliance evaluation inspection of Diamond-Vogel Paint Company in Burlington, Iowa, revealed violations of the Resource Conservation and Recovery Act (RCRA) related to the storage and handling of hazardous waste. In a settlement filed by EPA in Lenexa, Kan., the company will pay a $21,700 civil penalty to the United States.

EPA representatives inspected the facility in March 2012 and determined the company failed to perform waste determinations on approximately 9,625 gallons of waste paint materials. Additionally, the company failed to keep all hazardous waste storage containers closed, and properly label all hazardous waste containers. The company also failed to conduct weekly inspections of the facility’s hazardous waste storage area, and identify secondary and/or alternate emergency coordinators in their contingency plan.

Mismanagement of hazardous waste has the potential to harm human health by unnecessarily exposing workers to harmful materials and to harm the environment through possible improper disposal of hazardous materials. In neglecting to conduct weekly inspections of its hazardous waste storage areas, Diamond-Vogel failed to ensure its hazardous waste was managed correctly, and that there were no releases exposing workers and the environment to toxic chemicals.

In the event of an emergency, it is critical that first responders have access to multiple contacts within the company in case the primary contact cannot be reached. This is to ensure first responders are able to respond with the necessary safety precautions to protect the community.

In addition to the penalty, Diamond-Vogel is required to provide photographic evidence that storage containers are kept closed, and that hazardous waste containers are labeled. The company is also required to submit an updated contingency plan. Lastly, Diamond-Vogel is required to provide EPA, for a period of three months, documentation demonstrating that it properly performed weekly inspections of the hazardous waste storage area.

By agreeing to the settlement, Diamond-Vogel Paint Company has certified that it is now in compliance with all requirements of RCRA and its implementing regulations.