# ELRINGKLINGER USA, INC.
> **Administrative - Formal** · FY2012 · — · Final Order With Penalty
## Case
- **Activity ID:** `3000001720`
- **Case Number:** 04-2012-4002
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- ELRINGKLINGER USA, INC. (complaint) (settlement)
## Summary

3/6/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $15,500, DUE WITHIN 30 DAYS.

ALLEGATIONS:
ON AUG 11, 2011, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. THE FINDINGS OF THE CEI WERE DOCUMENTED IN A RCRA INSPECTION REPORT, DATED OCT 13, 2011.

ON NOV 16, 2011, THE EPA ISSUED A NOV/OPPORTUNITY TO SHOW CAUSE LETTER TO RESPONDENT IDENTIFYING ALLEGED VIOLATIONS OF RCRA THAT THE EPA NOTED DURING THE CEI.

AT THE TIME OF THE AUG 11, 2011, CEI, RESPONDENT WAS STORING HAZ WASTE IN ITS PAINT MIXING ROOM IN CONTAINERS THAT WERE OPEN WHEN WASTE WAS NOT BEING ADDED OR REMOVED.  EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION IN GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.34(c)(1)(i)) BY NOT COMPLYING WITH GA COMP R AND REGS 391-3-11-.10(1) (40 CFR 265.173(a)).

AT THE TIME OF THE AUG 11, 2011, CEI, RESPONDENT HAD NOT BEEN PERFORMING WEEKLY INSPECTIONS OF THE CONTAINERS OF HAZ WASTE IN ITS 90 DAY ACCUMULATION AREA IN ACCORDANCE WITH GA COMP R & REGS 391-3-11-.10(1) (40 CFR 265.174). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005(a)) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN GA COMP R & REGS 391-3011-.08(1) (40 CFR 262.34(a)(1)(i), BY NOT COMPLYING WITH 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*