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 ORDER

Account Code:  421

Madison County

Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue an Order to Kohler Company(EPA Identification Number ALD057202558), which owns/operates a fiberglass manufacturing and molding facility located at 176 Cochran Road in Huntsville, Madison County, Alabama.

The violations consisted of the following: failure to make a hazardous waste determination for certain wastes generated at the site; failure to provide a containment system for certain areas where hazardous waste was stored; failure to prevent unknowing entry into the central hazardous waste accumulation area; failure to mark or label certain containers with the Words “Hazardous Waste”; failure to ensure the accumulation start date is marked and clearly visible for inspection on certain containers; failure to keep closed certain containers of hazardous waste; failure to post the required warning signs at all approaches to the hazardous waste accumulation area; failure to post “no smoking” signs at the central hazardous waste accumulation area; failure to keep closed certain used oil containers; failure to mark certain used oil containers; failure to prevent, contain, and manage a release of used oil; failure to document that all personnel who manage hazardous waste have completed an annual review of the initial hazardous waste training; failure to document that the hazardous waste training program was being directed by a person trained in hazardous waste management procedures; failure to provide documentation of the job title and a written job description for each position at the facility related to hazardous waste management; failure to document that the contingency plan has been sent to all local emergency responders; failure to conduct and/or document weekly inspections of all central accumulation areas.

The Department is proposing a civil penalty in the amount of $22,150.  The Order, if issued, would require Kohler 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 the 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 September, 2019, 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.