Hazardous Waste Suit Settles Between EPA and Yonkers Paint Company

Released by the Environmental Protection Agency on 08/07/2014
Contact Information: John Martin, (212) 637-3662, martin.johnj@epa.gov


EPA and Yonkers Paint Company Settle Hazardous Waste Suit; Agreement Addresses Storage of Unlabeled and Corroded Hazardous Waste Containers
(New York, N.Y.) The U.S. Environmental Protection Agency has reached a legal settlement with T.C. Dunham Paint Company of Yonkers, New York, resolving alleged violations of federal hazardous waste law. EPA inspections revealed the company had generated hazardous wastes that were improperly labeled and stored in Yonkers. As part of the agreement announced today, T.C. Dunham Paint Company will come into compliance with all federal hazardous waste laws and pay a $90,000 penalty.

“EPA inspectors found more than 100 drums of paints and solvents, many of which were leaking and corroded,” said EPA Regional Administrator Judith A. Enck. “Every business needs to comply with environmental laws to ensure that human health and the environment are not damaged.”

Under federal hazardous waste law, hazardous chemicals must be stored, handled and disposed of properly to safeguard public health and the environment. Facilities must also have properly trained staff, since improperly stored hazardous waste can spill and pose a risk to people and the environment.

In May 2012, the EPA inspected T.C. Dunham’s facility at 581 Saw Mill River Road in Yonkers. The inspection revealed hundreds of containers, including more than 100 drums of lacquers, oil based paints and solvents haphazardly stacked in an old truck and in outdoor locations at the facility. Many of the containers were unlabeled and corroded, and some were leaking.

Among the violations of federal hazardous waste law discovered during these inspections were:
· The failure to determine which substances should be considered hazardous waste to ensure that they are managed properly.

· The failure to maintain and operate its facilities in a manner that minimized the possibility of a fire, explosion or accidental release of chemicals.

· The failure to keep containers in good condition and the failure to transfer hazardous waste from a leaking container to a container that is in good condition.

· The failure to label and identify the contents of individual drums to ensure their proper management.

For more information about federal hazardous waste law, visit: http://epa.gov/osw/hazard.

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