ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS the South Carolina Department of Health and Environmental Control (hereinafter
"Department") has regulatory authority over management of hazardous waste pursuant to the South
Carolina Hazardous Waste Management Act (hereinafter "SCHWMA"), S.C. Code Ann. § 44-56-10, et
seq. (Supp. 1997), and the regulations promulgated pursuant thereto, S.C. Code Regs. 61-79 (Supp.
1997); and
WHEREAS Maxcess Technologies, (hereinafter "Maxcess") owns and operates a raised access
flooring manufacturing company in Dorchester County, South Carolina. During its operations, Maxcess
uses a polycholoroprene adhesive which is considered a flammable hazardous waste, EPA Hazardous
Waste Number D001, when it becomes unusable. As such, Maxcess is responsible for the proper
management of its hazardous wastes; and
WHEREAS on November 11, 1997, representatives of the Department conducted an inspection
of Maxcess to determine its compliance with the SCHWMA and S.C. Code Regs. 61-79 (Supp. 1997)
and observed the following:
1) Maxcess was storing approximately 10 drums of unusable
polychloroprene adhesive on-site, a flammable hazardous waste
(EPA Hazardous Waste Number D001); and
2) Maxcess failed to label the drums of hazardous waste with an
accumulation start date, an EPA Hazardous Waste Number,
and the words: Hazardous Waste - federal laws prohibit improper
Disposal"; and
3) Maxcess failed to submit to the Department a Notification Form for
regulated hazardous waste activity; and
4) Maxcess failed to obtain an EPA Identification Number for regulated
hazardous waste activity; and
WHEREAS the Department notified Maxcess of the deficiencies cited during the November
inspection in a letter dated December 12, 1997, and gave Maxcess thirty (30) days to correct the
deficiencies; and
WHEREAS on February 6, 1998, the Department conducted a follow-up inspection and
determined that the previously cited deficiencies had not been corrected; and
WHEREAS by letter dated February 12, 1998, the Department notified Maxcess of the findings
noted during the follow-up inspection and informed Maxcess that the matter had been referred to the
Hazardous Waste Enforcement Section for review; and
WHEREAS on February 24, 1998, the Department issued a Notice of Violation and Enforcement
Conference to Maxcess; and
WHEREAS on March 18, 1998, the Department held an enforcement conference with Maxcess
during which Maxcess submitted a copy of a manifest which demonstrated that an unknown quantity of
unusable adhesive containing toluene, hexane, and methyl ethyl ketone was properly disposed of as
hazardous waste on March 16, 1998; and
WHEREAS the Department alleges that Maxcess has violated the South Carolina Hazardous
Waste Management Act and regulations promulgated pursuant thereto at 25 S.C. Code Ann. Regs. 61-79
(Supp. 1997), as follows:
1) Maxcess failed to comply with S.C. Code Ann. Reg. 61-
79.2626.34(d)(4)/262.34(a)(2)(3) requiring that a generator
who generates greater than 100 kilograms but less than
1000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste onsite for 180 days or less without
a permit or without having interim status provided that: (2) the
date upon which each period of accumulation begins is clearly
marked and visible for inspection on each container; and (3)
while being accumulated onsite, each container is labeled or
marked clearly with the EPA Hazardous Waste Number and
the words: "Hazardous Waste - federal laws prohibit improper
disposal"; and
2) Maxcess failed to comply with S.C. Code Ann. Reg. 61-79.262.
12(a) requiring that a generator must not store hazardous waste
without having received an EPA Identification Number from the
Department; and
3) Maxcess failed to comply with S.C. Code Ann. Reg. 61-79.262.13(a)
requiring that every generator within the State who produces a
hazardous waste and has not previously done so shall file with the
Department a Notification Form for that waste; and
WHEREAS the Department issued Administrative Order 98-36-HW, ordering Maxcess
to pay a civil penalty of $10,500 for the violations stated above regarding the 10 drums of material at
issue here; and
WHEREAS Maxcess appealed issuance of the Administrative Order, contesting the
Department's allegations; and
WHEREAS the parties have conducted discovery on the issue of whether Maxcess had violated
the SCHWMA and S.C. Code Ann. Regs. 61-79; and
WHEREAS during discovery, Maxcess submitted that of the ten (10) drums discovered by the
Department on the site containing polycholoroprene adhesive, four (4) full drums were shipped off site
as hazardous waste as referenced on the manifest submitted to the Department at the March 18, 1998
enforcement conference and that the other six (6) drums had been reused in production.
NOW THEREFORE IT IS ORDERED AND AGREED that within ten (10) days of execution
of this Order, Maxcess must pay a civil penalty of four thousand five hundred dollars ($4,500.00).
IT IS FURTHER ORDERED that this matter is dismissed without prejudice.
I SO MOVE: I CONSENT:
Elizabeth Henry Warner Date Jessica J. O. King Date
Counsel for Maxcess Technologies, Inc. Staff Counsel
BUIST, MOORE, SMYTHE & McGEE, P.A. S.C. Department of Health and Environmental
P. O. Box 999 Control
Five Exchange Street 2600 Bull Street
Charleston, SC 29402 Columbia, SC 29201
AND IT IS SO ORDERED.
RAY N. STEVENS Date
Administrative Law Judge
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