8/8/13 - CONSENT AGMT ISSUED, ASSESSING PENALTY OF $41,100, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MAY 10, 2010, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI:
- HAZ WASTE DETERMINATION HAD NOT BEEN PERFORMED ON UNUSABLE CHEMICALS/PRODUCTS GENERATED FROM AN INVENTORY/CLEANOUT OF CHEMICALS, LOCATED IN THE BLDG 8 90-DAY OR LESS STORAGE AREA, AND ON WASTE LIQUID ACCUMULATING IN A CONTAINER LOCATED IN THE BLDG 5 ANALYTICAL LAB. EPA ALLEGES RESPONDENT VIOLATED FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON SOLID WASTE GENERATED AT ITS FACILITY.
- 5-GAL CONTAINER OF WASTE ACETONE, METHANOL AND/OR ALCOHOL ON THE BOTTOM FRONT ROW OF A CABINET IN THE TFR 90-DAY OR LESS STORAGE AREA WAS FOUND WITH THE TOP CAP NOT SECURED TIGHTLY IN A CLOSED POSITION. EPA ALLEGES RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005) BY STORING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION GIVEN IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(1)(i) BY NOT COMPLYING WITH FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR 265.173(a).
- HAZ WASTE GENERATED FROM THE MLC, TFR AND RP PROCESS OPERATIONS WAS TREATED IN TANKS LOCATED IN BLDG 12 (WWT). TANKS LOCATED IN BLDG 12 DID NOT COMPLY WITH THE APPLICABLE HAZ WASTE TANK STANDARDS SET FORTH IN FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR PART 265, SUBPART J) INCLUDI