Hazardous Waste Law Enforcement: Alabama Department of Environmental Management and Huntsville DVD Packaging Plant Reach Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, PLLC


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The Alabama Department of Environmental Management (“ADEM”) and Technicolor Home Entertainment Services Southeast LLC (“Technicolor”) entered into a November 24 Consent Order (“CO”) regarding alleged violations of the Alabama hazardous waste regulations. See Consent Order No. 21-XXX-CHW.

The CO anticipates that Technicolor will operate a DVD packaging facility (“Facility”) in Huntsville, Alabama.

Technicolor is said to have already manufactured pre-recorded multimedia products.

It is specified that because of its operations and according to the definition appearing in ADEM Admin. Code Div. On February 14, Technicolor was classified as a Large Quantity Generator (“LQG”) of hazardous waste in 2019. It was further classified as a Small Quantity Generator (“SQG”) of hazardous waste in 2020. Finally, it was declared to be a hazardous waste LQG in 2021.

A representative of the Industrial Hazardous Waste branch of ADEM is said to have carried out a conformity assessment inspection (“CEI”) of Technicolor on April 13. The IRC and a compliance review by Technicolor reportedly indicated the following violations:

  • Failure to prevent unknowingly entry into hazardous waste storage areas
  • Failure to display required “no smoking” signs
  • Failure to display the required signs “Danger – Unauthorized personnel away”
  • Failure to mark hazardous waste containers with the words “hazardous waste”
  • Failure to mark hazardous waste containers with an indication of hazards
  • Failure to mark hazardous waste containers with an accumulation date
  • Failure to provide a review of all manifests for the previous three years
  • Failure to perform and document weekly inspections of all areas where hazardous waste is stored
  • Failure to provide training records for employees handling hazardous waste
  • Failure to provide a waste minimization plan for review
  • Failure to provide documentation that the facility’s emergency plan has been sent to all local emergency responders
  • Failure to provide a job title review for each position that manages hazardous waste
  • Failure to provide a revised job description for each position that handles hazardous waste
  • Failure to provide a written description of the type and amount of training required for each person handling hazardous waste
  • Failure to obtain a permit before storing hazardous waste

Technicolor declares that it is committed and continues to be committed to operating the Facility and its other operations in full compliance with applicable laws and regulations governing the generation, storage and disposal of hazardous and solid waste. The company also specifies that it:

. . . strives to maintain good relations with all of its various stakeholders and to conduct its operations in compliance with applicable laws and regulations. Technicolor has been open and transparent with ADEM regarding the closing of the Facility and the challenges associated with closing the Facility while maintaining access and control of certain records that must be retained after release of the Facility. Installation.

Technicolor had announced the intention of the scheduled closure of the Facility and was endeavoring to release and return the Facility to the owner. It is stated that the employees worked diligently to shut down the facility and ensure that the activities complied with the applicable requirements.

Since August 13, Technicolor has declared that it has left the facility and no longer generates hazardous waste. In addition, the Installation is declared to have taken all the necessary measures before the closure of the Installation to transport for disposal all hazardous waste generated at the Installation. In addition, Technicolor declares that there has been no leakage or release of hazardous waste from the facility.

Technicolor neither admits nor denies the claims of ADEM.

A civil fine of $ 13,320 is imposed.

A copy of the CO can be downloaded here.


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