6/25/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $15,000, DUE WITHIN 60 DAYS.
ALLEGATIONS:
ON DEC 6, 2011, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
AT THE TIME OF THE CEI, THE INSPECTORS OBSERVED THAT:
- RESPONDENT HAD BEEN STORING 3 CUBIC YARD BAG OF F019 WASTE AND TWO 55-GAL CONTAINERS OF SPENT ACETONE LINE FLUSH (D001, F003, F005) HAZ WASTE IN THE LESS THAN 90-DAY HAZ WASTE CONTAINER STORAGE ARE FOR LONGER THAN 90 DAYS. EPA ALLEGES THAT RESPONDENT VIOLATED FLA. STATE SECTION 403.722 (RCRA 3005), STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE IT FAILED TO MEET A REQUIREMENT OF THE LQG PERMIT EXEMPTION. RESPONDENT STORED CERTAIN CONTAINERS OF HAZ WASTE FOR LONGER THAN 90 DAYS, WHICH IS PROHIBITED BY FLA. ADMIN. CODE ANN R 62-730.160(1) (40 CFR 262.24(a)).
- RESPONDENT FAILED TO KEEP A 55-GAL SATELLITE ACCUMULATION CONTAINER OF HAZ WASTE ACETONE FLUSH (D001/F003/F005) NEXT TO THE PAINT MIXING AREA CLOSED WHEN WASTE WAS NOT BEING ADDED OR REMOVED.EPA ALLEGES THAT RESPONDENT VIOLATE DFLA STATE 403.722, (RCRA 3005) STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE IT FAILED TO MEETING A REQUIREMENT OF THE SAA PERMIT EXEMPTION PROVIDED IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(c)(1)(i)). THAT PROVISION REQUIRES COMPLIANCE WITH FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR 265.170(a)), WHICH REQUIRES THAT CONTAINERS HOLDING HAZ WASTE MUST ALWAYS BE CLOSED DURING STORAGE EXCEPT W