12/10/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,500, DUE WITHIN 30 DAYS.
ALLEGATIONS: ON APRIL 20, 2009, EPA AND FDEP CONDUCTED A JOINT RCRA COMPLIANCE EVALUATION INSPECTION (CEI)OF RESPONDENT'S FACILITY. ON OR ABOUT NOV 17, 2008, RESPONDENT CLEANED OUT A PHOSPHORIC ACID TANK WHICH WAS SUBSEQUENTLY TAKEN OUT OF SERVICE. AS A RESULT OF THIS ACTIVITY, RESPONDENT GENERATED A WASTE THAT IS A SOLID WASTE AS DEFINED IN 40 CFR 261.2. SAMPLING RESULTS TAKEN ON DEC 15, 2008, REVEALED THAT THE WASTE CONTAINED LEVELS OF CADMIUM THAT EXCEEDED THE REGULATORY LIMIT. A SECOND SAMPLE TAKEN ON JAN 19, 2009 CONFIRMED THAT THE LEVELS OF CADMIUM WERE ABOVE THE REGULATORY LIMIT. THEREFORE, THE WASTE WAS HAZARDOUS AND BORE THE DESIGNATED WASTE CODE D006. AS A RESULT, EPA ALLEGES THAT THE RESPONENT WAS A GENERATOR OF HAZARDOUS WASTE. THE QUANTITY WAS APPROX 90,000 POUNDS; THEREFORE, EPA ALLEGES THAT RESPONDENT WAS A LARGE QUANTITY GENERATOR DURING THE TIME PERIOD THIS WAS WAS ACCUMULATED ON-SITE. RESPONDENT FAILED TO SUBMIT NOTIFICATION TO FDEP OF ITS CHANGE IN GENERATOR STATUS FROM CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR TO LARGE QUANTITY GENERATOR OF HAZ WASTE - IN VIOLATION OF RULE 62.730.150(2)(b), F.A.C.
RESPONDENT'S WASTE WAS STORED IN A CONTAINMENT BIN THAT DID NOT APPEAR TO MEET THE REQUIREMENTS FOR A CONTAINER, TANK, DRIP PAD, OR CONTAINMENT BUILDING SET FORTH IN 40 CFR PART 265, SUBPART J. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA