NMED News:
ALBUQUERQUE — The New Mexico Environment Department (NMED) announced that it issued an enforcement action against Advanced Chemical Treatment (ACT) for alleged violations observed during an inspection of the facility performed Feb. 17, 2021.
ACT operates a treatment, storage, and disposal facility located at 6137 Edith Boulevard NE in Albuquerque, New Mexico for hazardous wastes received from around the nation. According to its website, ACT operates 17 locations which service the western and southwestern regions of the U.S. and is headquartered in San Jose, California.
NMED cited ACT for alleged violations of their operating permit including the storage of hazardous waste outside of designated areas, improperly recorded facility inspections, inaccurate waste reporting, and not sufficiently characterizing hazardous wastes accepted by the facility.
As a result of the history of noncompliance at this facility and given the severity of these alleged violations, NMED assessed a civil penalty of $745,000. In addition, NMED initiated proceedings to revoke ACT’s hazardous waste operating permit. In order to continue to operate in New Mexico, ACT must fully address the current violations and develop a plan that will address the nearly ten years of compliance issues at this location.
“Operating a hazardous waste treatment, storage, and disposal facility must exceed New Mexico Environment Department’s rules and permits,” Compliance and Enforcement Director Bruce Baizel said. “The alleged violations and history of non-compliance demonstrate an unacceptable threat to public health and the environment in Albuquerque.”
“ACT’s business model is to receive, manage and store hazardous waste,” Compliance and Technical Assistance Program Manager Aaron Coffman said. “ACT is not safely managing these responsibilities.”
ACT has 30 days to respond to NMED’s enforcement action and provide a plan to demonstrate rehabilitation of its organizational waste management practices. If ACT demonstrates the ability to manage hazardous waste in a safe and compliant manner moving forward, NMED and ACT may negotiate a conditional permit to allow for continued operation of the facility. If ACT is unable to correct organizational waste management practices that resulted in these actions, NMED will engage in legal proceedings, including public notice and the opportunity for a public hearing, prior to a final determination of permit revocation. If the permit is revoked without a conditional permit in place to allow for continued operation, ACT will be required to begin closure.
From July 2022 through July 2023, the compliance rate for facilities managing hazardous waste across New Mexico averaged 25%.
To read the ACT enforcement action, click here.
