Used Oil Enforcement: Alabama Department of Environmental Management and Tuscaloosa County Used Oil Transportation Facility Reach Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC


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The Alabama Department of Environmental Management (“ADEM”) and Delta Oil Services, Inc. (“Delta”) entered into a Consent Order (“CO”) on February 16 regarding the alleged regulatory violations of Alabama focused on used oil management. See Consent Order No. 22-XXX-CHW/CWP.

The CO says Delta is a used oil hauler located in Tuscaloosa County, Alabama.

A waste oil release was reportedly discovered on April 15, 2021 by the Tuscaloosa County EMA and Northport Fire Department at Burgess Equipment Repair located in Northport, Alabama. ADEM would have determined that waste oil had escaped from a Delta transport vehicle.

The alleged violations identified would have included:

  • Failure to clean up waste oil discharged from one of its transport vehicles which was staged at the Burgess Equipment repair site
  • Discharge of pollutants into state water without a permit
  • The spill from the Delta truck reportedly resulted in a floating oil splash that violated water quality criteria set forth in ADEM Admin. Code R.335-6-10-.06(b)

A representative of ADEM’s Industrial Hazardous Waste Directorate reportedly conducted a Conformity Assessment (“CEI”) inspection of Delta’s facility in Adger, Alabama. The IEC and a Delta compliance review would have demonstrated the following:

  • Disposal of waste oil on the facility floor by not properly cleaning waste oil spills in a timely manner
  • Failure to label 20 bins and three aboveground tanks containing waste oil with the words “waste oil”
  • Failure to keep two bins containing used oil closed
  • Failure to provide secondary containment for storage of used oil containers
  • Waste oil storage in three above ground storage tanks which were not in good condition and leaking
  • Waste oil storage in three aboveground waste oil storage tanks that had no secondary containment system
  • Failure to clean up waste oil discharged from secondary containment drain pipe and leaking aboveground storage tanks
  • Hauling hazardous waste (i.e., EPA Hazardous Waste #D001) from a generator in Tuscaloosa without an Alabama Hazardous Waste Hauler License
  • Storage of hazardous waste from off-site generator at Adger facility without permit
  • Processing hazardous waste from an off-site generator by mixing hazardous waste with non-hazardous used oil in tanks at the Adger facility without a permit
  • Failure to submit form 8700-12 to ADEM for the year 2021

On May 12, 2021, an ADEM representative reportedly conducted a CEI from a Delta-operated transfer station in Cottondale, Alabama. The IEC and a review of Delta’s compliance would have indicated the following:

  • Failure to include a transfer station located in Cottondale, Alabama in his permit application

Delta refutes ADEM’s assertions but undertakes to respect the terms of the document and to pay the civil fine.

A civil penalty of $58,680 is imposed.

A copy of the CO can be downloaded here.


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