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Paint Plant to Pay $40K Waste Fine

Friday, October 14, 2011

More items for Environmental Controls

An Arizona industrial paint producer has agreed to pay a $40,000 state penalty for hazardous waste violations unresolved since 2008.

All Pro Industrial (also known as AP Industrial), of Tempe, admitted no wrongdoing in the tentative settlement agreement with the Arizona Attorney General and Department of Environmental Quality (ADEQ).

AP Industrial

AP has “stepped up and improved the way it does business” since 2008, one official said.

The company did not respond this week to a request for comment. The 11-count settlement agreement, reduced from an initial $110,290 penalty, still requires court approval.

The All Pro plant formulates paint and powder-coat products and finishes parts for aerospace and commercial customers. It has an overlay and powder-coating operation and multiple metal parts surface treatment operations.

‘Serious Violations’

The case dates to 2008, when ADEQ cited All Pro for “a number of serious violations that potentially affected its workers and the surrounding environment,” said agency director Henry Darwin.

During two inspections in February and March of 2008, ADEQ compliance officers observed a number of violations, including:

• Handling hazardous waste without a permit;

• Having open, unmarked and undated containers of chromium-based paint waste, solvent waste, acetone and other wastes;

• Failure to store 55-gallon containers (45 drums on one inspection; five on the other) of hazardous liquid waste at least 50 feet from its property line;

• Failure to comply with emergency-preparedness requirements and list emergency coordinators;

• Treating, storing or disposing of hazardous waste (including solvent-based paint and spent paint booth filters) without a permit;

• Failure to maintain adequate aisle space between containers (40 containers would have been inaccessible in the event of an emergency, documents say);

• Failure to document proper inspections; and

• Failure to comply with personnel training requirements.

Large Quantity Generator

The company generates more than 1,000kg of hazardous waste a month, qualifying it as a Large Quantity Generator, according to court documents.

ADEQ issued All Pro a notice of violation in June 2008 and referred the case to the Attorney General’s office for assessment of civil penalties, which, under Arizona law, could range up to $25,000 a day.

“Arizona companies must comply with the requirements that guide hazardous waste handling and disposal,” said Arizona Attorney General Tom Horne.

Authorities later agreed to the reduced penalty, saying the company had documented limited ability to pay.

In addition, Darwin said, “The company has stepped up and improved the way it does business.”