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Fall River Company Faces Federal Sanctions For Repeated Violations of Hazardous Waste Laws

Release Date: 02/03/2009
Contact Information: David Deegan, (617) 918-1017

(Boston, Mass. – February 3, 2009) - On behalf of EPA, the U.S. Attorney’s Office for the District of Massachusetts has filed a Complaint in federal District Court against NuChrome, Inc., Nu-Chrome Restoration Corp., and Custom Chrome, LLC (“NuChrome”), all of Fall River, Mass., and Donald Kemp, of Marion, Mass., for numerous repeated violations of hazardous waste management laws. The three companies are affiliated and are managed by Donald Kemp who is the sole corporate officer of the businesses.

NuChrome has been the subject of several previous EPA enforcement actions for the same violations. The Complaint was filed in federal court because of Nuchrome’s repeated failure to adhere to previous EPA orders that the company comply with hazardous waste laws. The company faces penalties of up to $32,500 for each day of each violation, as well as the imperative to comply with all applicable hazardous waste management laws.

The Complaint alleges that NuChrome treated and stored hazardous waste without a permit; failed to conduct hazardous waste determinations; failed to conduct inspections of hazardous waste storage areas; and failed to label and date containers of hazardous waste.

NuChrome has faced EPA sanctions for violations of hazardous waste management laws dating back to 1999. Follow-up inspections of the facility in 2004, 2006 and 2008 revealed that NuChrome continued to violate many of the same hazardous waste management regulations cited in the 1999 action.

Following an inspection in April 2008, EPA found that NuChrome continued to violate several of the requirements that had been cited in the previous inspections. EPA then issued an Administrative Order requiring the company to take expedited steps to comply with hazardous waste management regulations. Although Nuchrome submitted reports to EPA asserting that it had complied with the Order, a subsequent EPA inspection revealed that the company still continued to violate numerous hazardous waste management laws.

According to the Complaint, Donald Kemp personally supervised the generation and storage of hazardous wastes, the design of the plating lines and wastewater treatment components at the facility, and is responsible for all financial and legal matters concerning the companies.

U.S. Attorney Sullivan said, “The public is well aware of the environmental and human health hazards of untended and improperly managed hazardous wastes, and I hope that this action will achieve quick compliance with our protective laws and substantial penalties for NuChrome’s dilatory conduct.”

The company maintains a metal plating facility in Fall River. The plating process generates chromium, nickel and copper sludges, corrosive wastewater, and cyanide process wastewater.

NuChrome’s history of hazardous waste management violations increases the potential for releases of hazardous wastes to the environment, in addition to unsafe conditions for company employees who received inadequate training in handling these materials.

More information: RCRA programs and enforcement in New England (epa.gov/ne/topics/cleanup/rcra.html)

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Contact Information:

David Deegan, U.S. EPA (Boston)
(617) 918-1017

Christina Sterling, U.S. Attorney’s Office, District of Massachusetts
(617) 748-3356