The fine is as a result of the Department of Environmental Quality finding that ECBlend failed to identify if waste liquids contained nicotine or were hazardous. They also stated that the company had failed to stored hazardous waste legally. Finally, they believed that ECBlend has transported hazardous waste without a manifest.
Between 2011 and 2016, ECBlend produced quantities of eliquid and stored the waste products on site at the company's former facility in Medford. They moved to a new facility in the same town transporting the waste without preparing a manifest. Then an inspector found five boxes and eight bags of bottles of liquid waste that wasn’t labelled as hazardous or dated. Finally, inspectors discovered that employees do not receive hazardous waste training.
Joe Foley is the Chief Executive Officer for ECBlend; he said the owners made contact with Department of Environmental Quality more than a year ago, asking for advice about proper handling of its nicotine waste. He said: “I should also note we are currently in total compliance with the regulations and have implemented strict protocols and training to stay that way.”
“We believe there is a different interpretation of the facts, and that’s what we want to discuss with the DEQ. We’re registered with the Food and Drug Administration, we’re inspected by the FDA, deeply engaged in the process, and we follow all the rules.”
“AEMSA sets the standards for e-liquid manufacturing. We’re engaged in producing a high quality product that is extremely safe. I don’t know specifically, but in a general sense the EPA has been looking at AEMSA members that have been inspected by the FDA as well.”
The company stated that it plans to appeal against the adjudication and fine. The Department of Environmental Quality and ECBlend have failed to agree on a date for the appeal to be heard. ECBlend wished to have it pointed out that they are certified by the American E-Liquid Manufacturing Standards Association.