Kansas City, Kan.-Fertilizer producer MagnaGro International of Lawrence, Kan., already contending with 11 Occupational Safety and Health Administration (OSHA) counts and the local government ordering closure of the business following the deaths of two employees in April, is now facing a U.S. Environmental Protection Agency (EPA) civil complaint and compliance order for allegedly failing to conduct hazardous waste determinations as required by state and federal Resource Conservation and Recovery Act (RCRA) regulations. Autopsy reports last month showed that the two men died from asphyxiation when overcome by fumes while they were cleaning a storage tank. According to EPA, owner Ray Sawyer failed to respond to a letter of warning and request for information resulting from compliance inspections of the plant in June and July that turned up suspected solid and hazardous wastes. EPA assistance was offered regarding the wastes, but Sawyer did not respond and now has 30 days to provide the agency with an inventory of all drums and other containers at the facility, along with proper waste determinations. EPA also requires the company to submit a written plan for immediately shipping all hazardous waste currently located at the facility to an appropriate disposal facility. The plan must be approved by EPA and disposal of wastes completed within 20 days. MagnaGro can request an administrative hearing within 30 days. Failure to respond to the order could result in the company being found in default, constituting admission of all facts and a waiver of rights to a hearing. MagnaGro operations were shut down July 21 after Sawyer failed to address a series of city code violations. The fire department has also issued citations to Sawyer, requiring him to address safety violations before the facility is allowed to reopen.
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