OKLAHOMA CITY – A hazardous waste disposal company here was assessed nearly $2 million in civil penalties for repeated, multiple violations of its used-oil processing, transportation and storage, and was ordered to implement comprehensive corrective measures.
The U.S. Environmental Protection Agency and the Oklahoma Department of Environmental Quality accused January Environmental Services, January Transport and company owner Cris January of multiple violations of the Resource Conservation and Recovery Act through their used-oil transportation and processing operations in Oklahoma City.
January Environmental Services is a corporation that was organized in Oklahoma in 1994. Cris January owns and operates a used-oil transportation service, a hazardous-waste transportation service, and a used-oil processing and hazardous-waste management facility in south OKC.
The facility is comprised of a tank farm used to store used oil, water and antifreeze. A warehouse is used to store drums and totes of waste, dumpster-like containers to store and manage used oil filters, and roll-off containers to manage used oil and other type of filters and various debris and waste. The facility has been in operation at that location “since about 2000,” the ODEQ reported.
January also has a number of other similar facilities and operations in Oklahoma and several other states, said Robert J. Troester, U.S. Attorney for the Western District of Oklahoma.
According to a complaint filed in OKC’s federal district court, January and his companies transported and stored hazardous wastes without proper transport manifests or an RCRA permit; transported and processed used oil without proper testing to ensure that the oil did not contain hazardous waste; failed to maintain safe work spaces in the storage areas of the facility; and disposed of used oil filters mixed with other wastes at local landfills without first determining whether the mixture of wastes was hazardous.
The violations were uncovered through a series of inspections conducted by ODEQ and subsequent joint inspections by EPA and ODEQ over the past 12 years, court records reflect.
ODEQ conducted inspections of the OKC facility in 2010, 2013, 2017 and 2019. State inspectors found multiple violations of the RCRA, including violations of the used-oil regulations, illegal storage of hazardous waste and receipt of hazardous waste without a permit.
EPA and ODEQ conducted a joint inspection of the facility in November 2017. The inspectors identified numerous violations of RCRA’s used-oil and hazardous-waste regulations, including violations similar to those ODEQ identified in 2010 and 2013.
For example, in 2017 state and federal inspectors observed a dumpster-like container used to store used oil filters that was leaking oil onto the concrete floor.
“Defendants made no effort to repair the leak during the multi-day inspection,” the inspectors reported.
January’s companies are also required to maintain sufficient aisle space to allow unobstructed movement of personnel, fire protection equipment and decontamination equipment to all areas of the facility; attempt to make arrangements with first responders and local hospitals regarding specific hazards at the facility; and prepare a contingency plan.
During the November 2017 inspection, EPA and ODEQ inspectors observed overcrowding of waste storage containers that eliminated aisles and obstructed access and movement, and the defendants did not have any documentation of correspondence or arrangements with local first responders and hospitals.
Also during the 2017 inspection, EPA and ODEQ inspectors requested access to the facility’s records of trip tickets and waste profiles.
“January stated that the records were not kept onsite,” the inspectors wrote.
RCRA regulations require the companies to maintain their operating records onsite, including records and results of used oil analyses, and submit biennial reports to EPA or ODEQ.
January and his companies failed to submit required biennial reports to EPA or ODEQ for 2016 and 2018. In fact, January Environmental Services was cited by ODEQ for failure to maintain operating records in 2013.
Moreover, EPA and ODEQ conducted an unannounced inspection of the facility in March 2019 and identified “continuing violations of the RCRA regulations” previously identified during the 2017 inspection.
The United States and the Department of Environmental Quality filed a complaint against January and his companies in OKC’s federal district court in December 2020.
“Unless restrained by an order of this Court, the violations alleged in this complaint will continue to endanger defendants’ workers and other people, property, and the environment,” the EPA and ODEQ asserted.
To settle the alleged violations and come into compliance with RCRA requirements, the defendants agreed to a consent decree by the federal court. Details included:
• The defendants must pay a $1.9 million civil penalty.
• To comply with RCRA regulations, they must use proper methods to test for the presence of hazardous waste in the used oil they collect, transport to and process at their facility.
• The defendants must hire an independent engineer to evaluate the facility’s spill prevention and containment preparedness and submit compliance reports to EPA and ODEQ.
• In addition, they must ensure that all used oil filters are properly processed and assessed for potentially hazardous waste prior to sending any of the filters off-site for disposal.
The consent decree was signed by U.S. District Judge Joe Heaton and was entered into federal court records on Sept. 26.
In reaching the settlement, January did not admit liability and the government did not make any concessions about the legitimacy of the claims.
“The settlement allows the parties to avoid the delay, expense, inconvenience and uncertainty involved in litigating the case,” Troester said.