The United States Environmental Protection Agency (“U.S. EPA”) and Kerry Biofunctional Ingredients, Inc. d/b/a Kerry Bio Sciences (“Kerry”) recently entered a Consent Agreement (“CA”) addressing alleged violations of Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) and its regulations implementing requirements for the management of hazardous waste. See Docket Number : RCRA-02-2017-7108.
Kerry is a subsidiary of Kerry, Inc. whose North American Headquarters is situated in Beloit, Wisconsin.
The CA provides that Kerry operates a facility in Norwich, New York (“Facility”) that has been a generator of hazardous waste.
As a result of the July 2016 inspection and Kerry’s response to the Request for Information, the Facility is alleged to have failed to:
- Make hazardous wastes determinations for certain waste-streams found at the Facility
- Keep a complete copy of each hazardous waste manifest for at least three years
- Meet the conditions necessary to accumulate hazardous waste without having obtained a permit or qualifying for interim status
Such alleged failures are stated to be violations of the RCRA regulations.
The CA assesses a civil penalty of $20,000.