ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
P O Box 301463 (Zip 36130-1463)
1400 Coliseum Boulevard (Zip 36110-2400)
Montgomery, Alabama 36130-1463
(334) 271-7700

PROPOSED CONSENT ORDER

Account Code:  421

St. Clair County

Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue a Consent Order to Benjamin Moore and Company (EPA Identification Number ALD981472798), which operates a paint and coating manufacturing facility located at 109 Bamberg Drive in Pell City, St. Clair County, Alabama.

The violations consisted of the following:  failure to perform leak detection and repair monitoring of ancillary equipment, failure to mark ancillary equipment, failure to perform leak detection and repair monitoring of tank vents, failure to perform waste determinations, failure to keep satellite accumulation containers closed, failure to mark or label satellite accumulation containers with the words “Hazardous Waste”, failure to mark or label satellite accumulation containers with an indication of the hazards of the contents, failure to mark satellite accumulation containers with accumulation start dates within three days of exceeding 55 gallons, failure to mark containers of hazardous waste with an accumulation start date, failure to include all required information in written job descriptions, and failure to inspect hazardous waste storage tanks daily.

The Department is proposing a civil penalty in the amount of $31,080.  The Order, if issued, would require Benjamin Moore and Company to comply with all applicable requirements of Division 14 of the ADEM Administrative Code.

Interested persons may submit written comments, including request for a hearing, within 30 days of the publication date of this notice, to:

Alabama Department of Environmental Management
Attention: Stephen A. Cobb
Chief of the Land Division
P.O. Box 301463
Montgomery, Alabama 36130-1463

 The comment period shall end at the close of business 30 days from the publication date of this notice.  A copy of the proposed order is available on the ADEM web page at http://adem.alabama.gov/compInfo/adminOrders.cnt or may be obtained by written request to the above address.  A nominal fee for copying may be charged.

This notice is hereby given 18th day of May, 2023, by authorization of the Alabama Department of Environmental Management.

____________________________
Lance R. LeFleur
Director

Nondiscrimination Statement:  The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.