2020 Environmental Real Estate Issues

The Environmental Protection Agency (EPA) announced on October 19 it had reached a settlement to resolve hazardous waste allegations against United Parcel Service (UPS). According to EPA’s news release, UPS became subject to the Resource Conservation and Recovery Act (RCRA) and its regulations “when a package containing certain hazardous materials is damaged, as well as during day-to-day operations such as maintenance.”

Civil Penalty and Program to Attain Compliance
Under the settlement, UPS “has 36 months to come into compliance across 1,160 locations and will pay a civil penalty of $5,323,008.”

The news release said that to come into compliance, UPS will focus on: “(1) accurate hazardous waste determinations; (2) complete RCRA Notification; (3) proper employee training; (4) timely annual and biennial hazardous waste reporting; (5) Land Disposal Restrictions determination; (6) proper onsite management of hazardous waste; and (7) all applicable manifest requirements.”

EPA’s System for Electronically Tracking Waste
In identifying the violations, EPA was assisted by its “national system for electronically tracking hazardous waste shipments and other reporting databases.” Using this system, EPA identifies discrepancies in reported information, such as a disposal facility reporting the receipt of more waste than the generating facility reports as generated.

To see EPA’s news release, which has a link to access the Consent Agreement and Final Order, https://www.epa.gov/newsreleases/ups-settles-epa-correct-alleged-hazardous-waste-violations-nationwide