/ IN THIS BLOG
If you generate hazardous waste in your industry, you already know you can be subject to fines for non-compliant hazardous waste disposal. The law is clear on that. If you’re not aware of the heavy costs of fines and penalties for improper hazardous waste disposal, regardless of industry, you should be.
Since 2016, financial penalties for violations have increased and might even exceed the norm depending on severity of the violation and the history of violations of any business or facility. As of January 2022, civil penalties for non-compliant hazardous waste disposal can be accrued for air, chemical, water, and hazardous waste violations. That means that numerous agencies can determine fines for non-compliance.
In other words, if you're caught not following the rules, it's going to hurt a lot more than it ever used to!
01 / EPA Civil Penalty Fines – a Brief History
In 2016, the Environmental Protection Agency (EPA) officially raised the maximum civil penalties for certain violations of EPA regulations, otherwise known as environmental laws. Penalties then nearly doubled from those in the past, primarily due to increased focus on protecting our environment. Costs of penalties rise on an annual basis in order to maintain an even pace with inflation.
In January 2022, civil penalties have increased yet again, for at least eight agencies under the Environmental Protection Agency program. The focus and value of environmental protection is at the foundation of such enforcement. Fines are applied to any facility, business or industrial complex that violated hazardous waste rules from November 2, 2015 up to the Final Rule passage of 2022.
Therefore, it’s important for any hazardous waste generator to be aware of what they might face and penalties that may be assessed from one or more federal agencies for failure to comply with the rules for compliant hazardous waste disposal processes.
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02 / RCRA Hazardous Waste Fines
The Resource Conservation and Recovery Act (RCRA) is responsible for developing hazardous and non-hazardous waste laws. As such, they also assess penalties for non-compliance. Refer the government website for detailed information for all hazardous waste generators.
Be familiar with RCRA laws. Prior to this Final Rule, the maximum civil penalty for a RCRA violation was $76,764—per violation, per day. That's a massive fine, but after this rate increase, it will now be up to $81,540 per violation, per day.
Keep in mind that fines and penalties are assessed for a variety of factors which include but are not limited to:
Transportation of hazardous waste without a manifest (up to $50,000 per day violation)
Treatment, storage, or disposal in violation of a permit (up to $50,000 per day violation)
Knowing endangerment (up to $250,000 to $1,000,000 if an organization)
Don’t forget that other laws may also contribute to imposed fines.
03 / Additional Agency Fines for Improper Handling of Hazardous Material
The RCRA isn't the only regulatory component of federal law that has the power to assess fines. The following are several laws and their corresponding fines (previous and current):
Clean Air Act
Prior to Final Rule: $102,638
As of 1/12/22: $109,024
Clean Air Act
Prior to Final Rule: $56,460
As of 1/12/22: $59,973
Federal Insecticide Fungicide and Rodenticide Act
Prior to Final Rule: $20,528
As of 1/12/22: $21,805
Safe Drinking Water Act
Prior to Final Rule: $59,017
As of 1/12/22: $62,689
Toxic Substances Control Act:
Prior to Final Rule: $41,056
As of 1/12/22: $43,611
Emergency Planning/Right-to-Know Act
Prior to Final Rule: $59,017
As of 1/12/22: $62,689
04 / Do all Hazardous Waste Generators Pay Fines, Regardless of Classification?
Civil penalties for non-compliant storage, handling, transportation, or disposal of hazardous waste are applicable to all hazardous waste generators, unless under specific and relatively uncommon circumstances.
No hazardous waste generator gets out of paying these fines, regardless of EPA generator status—whether you’re a small quantity generator or large quantity generator. You must comply or face financial penalties. This is equally as true for all industries whose production or operations results in the creation of hazardous waste, from an auto body shop to dry cleaners to hospitals and everything in between.
05 / Need Help? Reach Out to a Reputable Hazardous Waste Disposal Company
Civil penalties for non-compliant storage, handling, transportation, or disposal of hazardous waste are applicable to all hazardous waste generators, unless under specific and relatively uncommon circumstances.
No hazardous waste generator gets out of paying these fines, regardless of EPA generator status—whether you’re a small quantity generator or large quantity generator. You must comply or face financial penalties. This is equally as true for all industries whose production or operations results in the creation of hazardous waste, from an auto body shop to dry cleaners to hospitals and everything in between.
Robert Losurdo
President, COO
