On December 16, 2022, EPA Region 6 issued a Consent Agreement and Final Order ( CAFO ) under its authority pursuant to the Resource Conservation and Recovery Act ( RCRA ) to Brooks Industrial Coatings, Inc., located in Austin, TX. The CAFO was issued in response to violations of:
i. Failure to meet notification requirements
ii. Failure to operate within its stated generator status.
The CAFO requires Brooks Industrial Coatings, Inc. to
A. Respondent shall certify that it has assessed all its solid waste streams at the Facility to determine the accurate waste codes and has developed and implemented standard operating procedures (?SOPs?) to ensure that Respondent is operating the Facility in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; (c) reporting, transporting, and disposing of hazardous waste; (d) preparing its manifests; (e) maintaining records; and (f) meeting the land disposal requirements;
B. Respondent shall certify that it has accurately and adequately complied with its RCRA Section 3010 notification for the Facility within the prescribed time period;
C. Respondent shall provide, with its certification, a copy of Respondent?s SOPs as described in subparagraph A above;
D. Respondent shall certify the cost of implementation of injunctive relief; and
E. Respondent shall certify the environmental benefit (reduction of wast