7/5/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $13,266 DUE IN INSTALLMENT PAYMENTS. THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS. THE FINAL PAYMENT IS DUE WITHIN 180 DAYS.
ALLEGATIONS:
ON APR 6, 2010, EPA AND FDEP PERFORMED A RCRA CEI AT RESPONDENT'S FACILITY. THE CEI FOCUSED ON TWO BUILDINGS AT THE FACILITY WHICH HOUSED ITS OPERATIONS.
RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINTION ON CERTAIN SOLID WASTES, INCLUDING WASTE PAINTS AND/OR SOLVENTS IN 3 CONTAINERS IN THE AREA OF THE FACILITY'S SOLVENT RECOVERY STILL LOCATED IN BUILDING 2.
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.11 AND FLA. ADMIN. CODE ANN. R 62-730.160(1) BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION ON SOLID WASTE GENERATED AT ITS FACILITY.
EPA INSPECTOR OBSERVED D001/F003 HAZ WASTE ON THE FLOOR IN THE AREA OF A SOLVENT RECOVERY STILL IN ONE OF THE FACILITY'S BUILDINGS.
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE REPONDENT FAILED TO MEET A 40 CFR 262.34(d)(4) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION BY NOT COMPLYING WIHT 40 CFR 265.31 AND FLA ADMIN CODE ANN R 62-730.180(2).
EPA OBSERVED D001/F003 HAZ WASTE IN CONTAINERS WHICH WERE NOT MARKED WITH ACCUMULATION START DATES OR THE WORDS HAZARDOUS WASTE.
EPA THEREFORE ALLEGES RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT