9/12/2012 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $84,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON JULY 22, 2011, A REPRESENTATIVE OF THE EPA AND A REPRESENTATIVE FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF CURRENT OWNER'S FACILITY, WHICH AT THE TIME WAS OWNED AND OPERATED BY PRIOR OWNER. THE FINDINGS OF THE CEI WERE DOCUMENTED IN A JUNE 22, 2012, NOTICE OF VIOLATION AND OPPORTUNITY TO SHOW CAUSE LETTER AND THE RCRA CEI REPORT.
ON AUGUST 3, 2011, CURRENT OWNER RE-NOTIFIED FDEP AS A LQG OF HAZARDOUS WASTE.
AT THE TIME OF THE CEI, TWO CONTAINERS OF HAZARDOUS WASTE WERE FOUND IN THE FACILITY'S LABORATORY AREA NEAR GENERATION POINTS (SATELLITE ACCUMULATION AREA) WITHOUT THE WORDS HAZAROUS WASTE OR WITH OTHER WORDS THAT IDENTITY THE CONTENTS OF THE CONTAINERS.
THE EPA ALLEGES THAT THE PRIOR OWNER VIOLATED FLA. STAT. SECTION 403.722 (SECTION 3005 RCRA, FOR STORING HAZARDOUS WASTE WITHOUT PERMIT OR INTERIM STATUS, BECAUSE PRIOR OWNER FAILED TO MEET A CONDITION FOR EXEMPTION FROM THE REQUIREMENT TO OBTAIN A PERMIT OR INTERIM STATUS.
AT THE TIME OF THE CEI, PRIOR OWNER FAILED TO CLOSE TWO 55-GALLON CONTAINERS OF SOLVENT WASTE (D001 AND F003) LOCATED IN THE FACILITY'S 90-DAY HAZARDOUS WASTE ACCUMULATION AREA.
EPA ALLEGES THAT PRIOR OWNER VIOLATED FLA. STAT. SECTION 403.722 (SECTION 3005 OF RCRA, FOR STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BY FAILING TO MEET THE