The Environmental Daily Advisor reports that there are 7 RCRA Violations that can send a firing range owner to jail, and the #1 reason is one that should cause major concern, according to MT2. If the contractor chosen to clean up lead at the range "transports hazardous waste to a non-permitted facility," the range is held responsible. The range manager must ask the contractor how they would be handling the lead waste or if the lead recycling facility they took the lead to, is properly permitted. Range owners must always maintain on-site written records of the lead and contaminated waste disposition.
When these violations come up, there may also be the additional consequence of an enforcement action for costly cleanup and remediation including regulatory fines and penalties. Recent firing range environmental cases and projects have shown that a typical OSHA or EPA regulatory fine is in the range of $250,000 to $500,000. Additionally, when the EPA has to step in, range cleanups with their oversight involved can be in the $5,000,000 to $8,000,000 range.
When dealing with the environmental hazards of lead, the range cannot assign the risk away; they always retain significant liability and risk for their waste. The range owner or operator is the generator of lead-impacted waste.
There are 5 critical validations range owners must demand from a lead reclamation contractor to protect themselves and their range:
- Contractor must be able to document, with audited financials, sufficient company assets that could allow it to sustain defending a claim or actual violation without going bankrupt. (Suggested is minimum $500,000 and preferred is $1,000,000)
- Comprehensive insurance package:
- Minimum $5 Million General and Pollution Liability. Pollution Liability is the only coverage for lead and hazardous materials.
- Recent Certificate of Insurance and range named as additionally insured and include Worker's Comp and auto liability.
- Comprehensive contract with full owner-indemnification to protect and defend against all contractor activities and a list of prior regulatory agency violations, fines or penalties from any agency.
- Minimum 5 years (preferably 10 years) of continuous operating history with business registrations with minimum 5 prior similar projects successfully completed in the last 3 years.
- Comprehensive written work and safety/health plans specific to the range and a detailed waste-management plan describing actual activities to occur, and providing certification for all transport and disposal. Do not take the contractor's word for it. Get it in writing.
"We are proud to provide these critical range owner protections when submitting our complete bid when requested," stated James Barthel, MT2 CEO.
- MT2 is the #1 and largest nationwide professional lead reclamation contractor for both indoor and outdoor firing ranges, according to the company.
- MT2's patented Ecobond lead treatment technology has been used on over 10 Million tons of waste. This solution is designed to eliminate the need to generate hazardous waste, saving money and minimizing range owner liability.
- MT2 has served approximately 1,000 public and private indoor and outdoor firing ranges nationwide since 2000.
- MT2 carries $8,000,000 of General and Lead Pollution Liability and Worker's Comp Insurance.
Over the past decade, MT2 has recycled over 10 MILLION tons of lead, returning over $4 Million dollars to range owners without a single regulatory violation, while working closely with range owners to implement firing range Best Management Practices (BMPs).
MT2's proven record of firing range services include: complete range maintenance and improvements, lead remediation services, lead reclamation, OSHA and environmental consulting, operational maintenance and range closure.
For more information about MT2, visit https://mt2.com/.
