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1. Global warming claims all hot air, says speaker at OU2. OU student charged with raping 17-year-old3. Police chief: City can’t stop parties before they start4. For most, the journey to Nine Fest seemed worth it5. Is another oil and gas land-rush starting in Athens?6. Parties spun by OU alums have bootie-shakers raving7. High St. student renters take on big local landlord8. Tanning parlor fights to get back into uptown Athens storefront9. Oak and Mill fests mellow down easy10. City Council acts to ban ‘fracking’ in water supply area11. Landowners’ group renews leasing pitch12. Wal-Mart asks judge to grant store win in shoplifter’s lawsuit13. Electric blue skies, May warmth frame music fest14. OU and city officials urge better fest behavior15. Pills defeated relative when no other drugs could do it16. David Alan Jones17. Local developers hoping to revive struggling hotel18. Hall of Fame baseball coach calls it a day at OU19. Festering fests; down, down deep; and the Golden Rule20. Nine Festers enjoy the sun and music, without the mud
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Wednesday, February 15,2012
State sues local coatings company over dumping
An auto coatings company located in Athens County's industrial park could face huge fines if it loses a lawsuit for alleged illegal waste handling and dumping, filed against it by state regulators.
Attempts this week by The Athens NEWS to reach officials of Gem Coatings, Ltd., for comment on the legal complaint were unsuccessful.
In a lawsuit filed Feb. 8 in Athens County Common Pleas Court on behalf of the director of the Ohio EPA, the Ohio Attorney General's office alleges that the company, located in the Theisen Industrial Park near The Plains, has "illegally stored and disposed… hazardous wastes without a permit and failed to evaluate other wastes" to determine if they're hazardous.
"In addition, (Gem Coatings has) illegally dumped solid wastes at its facility and violated used-oil and universal waste rules at its facility," the complaint adds.
According to the suit, the problems at the plant date back to at least 2007. The alleged violations carry a potential $10,000-per-day, per-violation civil penalty; and according to Ohio EPA spokesman Mike Settles, Gem Coatings is charged with 17 separate violations.
Settles said the agency did not have a figure on the maximum amount in fines Gem could be facing if found liable.
The lawsuit claims that the state EPA, acting on a complaint, inspected the plant on two dates a week apart in February 2007. Inspectors allegedly saw "numerous open five-gallon pails of paint" at the site, which qualified as hazardous waste.
"Some of the hazardous paint waste was poured into the site's burn-off oven, then burned with the remaining residue thrown into the trash dumpster for disposal at a solid waste landfill," the suit claims. "Other hazardous paint waste was left open in containers with the lids off so that the paint would evaporate, leaving dry hazardous waste solids, which were then also thrown into the dumpster for disposal at a solid waste landfill."
Inspectors also concluded that Gem was conducting blasting "out in the open behind a facility building," and that the sandblasting waste, while not hazardous, did qualify as solid waste, which was allegedly "being illegally disposed as fill in the parking lot area" of the plant.
The agency documented the alleged violations, then came back for another inspection last October, the suit says. That inspection allegedly turned up further violations, including the storage of hazardous waste for longer than the legal 180-day accumulation limit, and failure to adequately evaluate wastes to see if they were hazardous.
The suit charges Gem with:
• operating a hazardous waste facility without a permit;
• illegally disposing of hazardous waste;
• illegally storing hazardous waste;
• failing to have a closure plan for a hazardous-waste storage facility;
• failing to remove hazardous waste from the site in accordance with a state-approved closure plan;
• failing to keep written cost estimates for closure, adequate cash reserves to cover closure costs, and liability insurance;
• transporting hazardous waste to an unpermitted facility (a landfill);
• failing to evaluate waste at the site;
• failing to obtain a "generator identification number" from U.S. EPA;
• failing to comply with the requirements stemming from the February 2007 and October 2011 inspections (multiple counts); and
• illegally dumping solid waste.
Gem, which was previously located on Baker Road in western Athens County, negotiated a deal with the county in 2005 to move into a building at the industrial park that had been vacated by a plastics company.
Also in Local NEWS:
City of Athens may try to tax frackersLocal residents take a walk on the disabilities sideGlouster man bound over for May 2 beating deathHighway Patrol still looking into ‘odd’ hit-and-run fatality SaturdayShade area man pleads guilty to computer 'sextortion'Shelter animal advocates ask for lower price tag on dog tagsEngineer decides against upping sick leave payout for retireesIs another oil and gas land-rush starting in Athens?Property owners mulling options in wake of 3rd offerOut of SEOEMS’ ashes springs ample legal wrangling
Also from Jim Phillips:
Property owners mulling options in wake of 3rd offerIs another oil and gas land-rush starting in Athens?Tanning parlor fights to get back into uptown Athens storefrontCounty’s new senator rallies troops at Dem dinnerLandowners want minerals owner to pay more taxesHigh St. student renters take on big local landlordLocal developers hoping to revive struggling hotelOU and city officials urge better fest behaviorLocal developer seeks permit for Utica production/test wellCunningham Energy offers new deal to fund its test-drilling plans in Athens County
Whoopity-do.
From the title, I was expecting to read an article about some rogue company dumping heavy metal waste into our streams.
Instead, I read an article about a business employer (how many employees?) conducting business as usual.
Its no wonder why businesses dont want to come to athens county.
The beginning of the article mentions violations of used oil rules, but nowhere does the article discuss where they did this, when the article is discussing specific instances.
How many athens county 'good ole boys' do you think are out there dumping motor oil, sandblasting in the open, and leaving 'paint cans' open on their property ? I bet you a lot and they will never be enforced.
Its stuff like this that makes employers not want to ever locate to athens county.
If you had read the article even half-closely, you'd see that it's the state that's suing the company, not Athens County. So why would that discourage businesses from coming here? The answer is that it wouldn't.
Does the Port Authority check this stuff out before they sign a lease with a tenant (like do they have all their environmental ducks in a line)? Do they need OEPA operating permits? I find it hard to believe that "the State" just stumbled into a random inspection without a complaint (from someone in Athens County). On it's face it looks to me about as serious as the sheriff going into the courtroom to arrest a guy who forgot to get his fishing license. If Gem Coatings needs help with protecting the environment then help them out (with proper operating procedures) instead of making politcal hay with it.
The whole govervenment system is full of corrupt people doing the same thing......so why cant the small business owner. You know we are also out to help everyone but ourselves in this country . For example people coming here from different countries starting a business and being tax exempt for seven year REALLY .... Oh and how ppl from other countries get free schooling ....Black history month get real where is the white history month or would that be considered racist???? Why cant the government HELP these companies and not fine them to death IF THIS WAS A BIGGER COMPANY WITH MORE MONEY AND MORE INFLUENCE ON THE TOWN OF ATHENS WOULD THIS HAVE EVEN HAPPEND????
I love the uneducated comments. First, the state has a listing of most haz waste generators, treatment, and storage facilities. Facilities are inspected on a rotating basis. Those that aren't on the list eventually get an inspection. Inspectors routinely find violations, and typically give the violator help in correcting the problems (unless they are really serious). Those that don't take the regulations or inspector's comments seriously and have repeat violations are then usually referred for enforcement. It's not some jack-booted thug coming in with guns blazing, as some of you apprently like to think. It sounds to me like GEM ignored the regulations, even after being educated about them, or didn't take them seriously. And yes, bd, if it was a bigger company with more employees, it would have been the same story. Most larger companies employ a full- or part-time environmental compliance officer. Smaller ones usually have an existing employee designated.
If a company is not sure of what is required, they can request help from the state inspectors, who are more than happy to work with them to attain and maintain compliance. Those "tax exempt" businesses are still required to comply with EPA rules and regulations. The EPA doens't give out those sweetheart "tax free" deals...talk to your governor about that!!
And, jinxer, the "good 'ole boys" aren't regulated by the state EPA, unless they are running a business. This falls under "household hazardous waste". Not the same thing. But, agreed - it can be just as damaging.