On October 25, 2017, EPA Region 6 announced a settlement with Macy’s department stores for alleged violations of hazardous waste regulations. In the press release, EPA alleged that Macy’s generated thousands of pounds of hazardous waste between 2012 – 2015 and qualified as a small-quantity generator but failed to notify EPA and state authorities. EPA also alleged that Macy’s failed to meet the regulatory requirements for small-quantity generators and did not complete appropriate manifests. As part of the settlement, the company is required to pay a $375,000 civil penalty and, as a supplemental environmental project, develop an internal training and audit program. This settlement demonstrates that EPA Region 6 continues to pursue enforcement actions initiated under the former Administration using evidence from data mining of manifests and records related to hazardous waste generators, big and small. With this EPA action, the current Administration appears to be willing to continue its focus on retail hazardous waste enforcement. Troutman Sanders has extensive experience advising clients on retail hazardous waste management and enforcement. Please contact Greg Blount or Angela Levin for further information.
