Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Blythe, California Solar Power Station Enter into Expedited Settlement Agreement

Written by Walter G. Wright, Jr., Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

The United States Environmental Protection Agency (“EPA”) and Genesis Solar, LLC (“GS”) entered into a January 12th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Resource Conservation and Recovery Act (“RCRA”) hazardous waste regulations. See Docket No. RCRA-09-2026-0027.

The ESA provides that GS is the owner or operator of a solar power station in Blythe, California.

Based on available information which includes a May 14, 2025, inspection, GS allegedly violated certain requirements of RCRA and EPA approved and authorized California hazardous waste management regulations.

The alleged violations include:

• Failure of a generator to manifest waste as a single generation site.
• Failure to meet the conditions for exemption for a large quantity generator.
• Failure to submit an Exception Report.
• Failure to develop a quick reference guide for local emergency responders in July 2024.
• Failure to label universal waste containers.
• Failure to document universal waste storage time.
• Failure to retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years form the date that the waste that is subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal.
• Failure to keep records of any test results, waste analyses, or of determinations made in accordance with section 66262.11 for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

GS neither admits nor denies the factual allegations contained in the ESA.

The ESA assesses a civil penalty of $12,500.

A copy of the ESA can be found here.

About the Author

Walter Wright has more than 30 years of extensive experience in environmental, energy (petroleum marketing) and water law. He counsels clients on issues involving environmental permits, compliance strategies, enforcement defense, property redevelopment issues, environmental impact statements and procurement/management of water rights. He advises developers, lenders, petroleum marketers and others about effective strategies for structuring real estate and corporate transactions to address environmental financial risks.