U.S. Pre-Finished Metals Corp. resolves federal EPA civil penalty action regarding alleged improper handling and storage of hazardous waste

Client(s) U.S. Pre-Finished Metals Corp.

On behalf of U.S. Pre-Finished Metals Corp., a metal polishing company located in Los Angeles, Jones Day resolved a federal Environmental Protection Agency (EPA) civil penalty action regarding the client's alleged improper handling and storage of hazardous waste. Federal and state law require companies to obtain a hazardous waste storage permit if they store hazardous wastes on-site beyond 90 or 180 days (depending on the type of hazardous waste), and to properly label their waste drums and train their employees on proper waste handling and disposal. EPA made a surprise inspection of U.S. Metal's plant in early 2010, and cited the company for a series of alleged hazardous waste violations. EPA sought to impose a substantial civil penalty for the alleged violations. However, after Jones Day presented EPA with evidence and arguments that the alleged violations did not actually cause any harm or damage to public health or the environment, and that the company had a limited ability to pay, EPA accepted the company's counterproposal, resulting in a penalty payment of just one percent (1%) of EPA's initial demand..

In the Matter of U.S. Pre-Finished Metals Corp.