Vancouver company that handles dangerous waste fined for poor business practices

Washington State Department of Ecology

Department of Ecology News Release - December 12, 2008

08-328

Vancouver company that handles dangerous waste fined for poor business practices

OLYMPIA – The Washington Department of Ecology (Ecology) issued an order and assessed a $20,000 penalty last week to a Vancouver business for violating dangerous waste handling and storage rules. Ecology has been working on issues with KP McNamara and its management for four years.

The order requires KP McNamara and its owner, Kerry McNamara, to manage its hazardous materials and wastes in a way that safeguards workers and others who could be exposed to the chemicals as well as protects the environment from unpermitted releases. Three separate Ecology inspections since the summer of 2007 show the company failing to meet important state regulations.

“Dangerous and hazardous waste regulations are important because they ensure chemicals like the ones handled by KP McNamara are safely managed to minimize the potential for harm to themselves and others,” said K Seiler, Ecology’s regional manager for the Hazardous Waste and Toxics Reduction Program.

The company runs several tote-cleaning operations in the United States, including one on SE Maritime Avenue in Vancouver. The 275- to 330-gallon totes are supposed to arrive empty, but may contain small amounts of various chemicals that had been previously stored in them.

Ecology conducted a routine unannounced inspection in August 2007, which found several violations. The company responded to Ecology’s findings.

However, in a second unannounced inspection in May 2008, Ecology observed new violations. Ecology also discovered that KP McNamara inappropriately disposed of several shipments of toxic dangerous waste. In each case, the shipment was sent off-site without a dangerous waste manifest. It was hauled by a transporter without appropriate credentials and without confirmation that the receiving facility was permitted to accept dangerous waste.

After the company returned to compliance, Ecology conducted another unannounced inspection in October 2008. The inspector found repeat violations. The most serious violations:

The company accumulated at least 180,000 pounds of toxic dangerous waste in more than 90 totes.
The containers were packed inside a building without proper secondary containment to capture spills and without adequate access for emergency response equipment. The totes were packed in so tight that staff couldn’t conduct inspections or check for leaks or other problems. Also, totes were not properly labeled to alert workers and emergency response personnel that they contained toxic waste.
The company operated as an unpermitted dangerous waste treatment, storage and disposal facility by accepting totes that held significant amounts of ignitable, extremely hazardous and toxic dangerous waste. This waste residue was stored outside the building, above a gravel driveway without proper spill controls or fire suppression system.

“The shortcuts KP McNamara took likely saved the company thousands of dollars, but it gave them an unfair economic advantage over competitors and put people and the environment at serious risk,” said Seiler. “While the company has been responsive in the past, its pattern of repeat violations and disregard for Ecology’s concerns can’t be ignored.”

The administrative order requires KP McNamara to comply with the dangerous waste regulations. KP McNamara has 30 days to respond to the penalty. It can pay the fine, ask Ecology to reconsider the facts of the investigation or appeal the fine to the state Pollution Control Hearings Board.

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Media Contact: Kim Schmanke, 360-407-6239 (desk)