News Release 474

DNR and AGO reach settlement agreement with Enterprise Equipment for hazardous waste violations

Volume 37-474 (For Immediate Release)
Contact: Renee Bungart

JEFFERSON CITY, MO, DEC. 9, 2009 -- The Missouri Department of Natural Resources and Attorney General's Office have signed a settlement agreement with Enterprise Equipment, LLC in Fenton, St. Louis County. Enterprise Equipment failed to register as a hazardous waste generator; failed to determine if waste sent to a sanitary landfill was hazardous; and operated as a hazardous waste storage facility without first obtaining a permit, all of which violate Missouri's Hazardous Waste Management Law and Regulations.

Enterprise Equipment agreed to $8,000 in penalties. Enterprise Equipment will pay $1,000 in penalties to the St. Louis County School Fund in four equal payments. The remaining $7,000 is suspended contingent on Enterprise Equipment not committing any repeat violations for four years following the effective date of the settlement agreement. If during that four year time period, Enterprise is issued a Notice of Violation for violations of the Hazardous Waste Management Law or regulations, the suspended $7,000 may be collected. The amount Enterprise will pay is based on financial information regarding the company's ability to pay provided to the department by Enterprise Equipment.

Enterprise Equipment is a petroleum equipment servicing contractor for multiple gasoline and diesel fuel dispensing facilities. The department conducted an inspection at this facility and found that Enterprise Equipment did not determine if the fuel filters were hazardous. These filters were transported from gasoline stations back to the Enterprise facility and, after drained, were disposed of in the trash.

Gasoline dispenser fuel filters not destined for recycling should be considered and managed as hazardous waste, unless sampling demonstrates the wastes are not hazardous. Before gasoline dispenser fuel filters can be sent to a permitted sanitary landfill, a business must demonstrate the wastes are not hazardous.

With department direction and oversight, the responsible party corrected all hazardous waste violations.

Missouri's Hazardous Waste Management Law and Regulations exists to protect public and environmental health and the Department of Natural Resources is responsible for enforcing the law and regulations.

The department's enforcement actions help protect human health and the environment by requiring facilities to maintain compliance. The department's main goal in any enforcement action is to ensure a facility successfully achieves compliance with the standards and to provide information and tools to help them remain in compliance. As part of that process, penalties may be used as a deterrent to future violations and to remove the economic benefit of continued noncompliance.

In situations where the responsible party is unwilling or unable to cooperate to bring the facility into compliance and be protective of human health and the environment, the department will refer the case to the Attorney General's Office for legal action.

For more information on this enforcement case or other hazardous waste issues, please contact the department's Hazardous Waste Program at 800-361-4827 or 573-751-3176.