9/18/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,000, PLUS INTEREST. PENALTY IS DUE 4 PAYMENTS. LAST PAYMENT IS DUE WITHIN 300 CALENDAR DAYS.
ALLEGATIONS:
ON APR 24 & 27, 2009, FDEP CONDUCTED A HAZ WASTE INSPECTION WHERE RESPONDENT WAS OPERATING ITS BUSINESS. DURING THE INSPECTION, FDEP OBSERVED 13 55-GAL DRUMS AND 1 500 GAL PORTABLE TANK BEING STORED IN A METAL BLDG WITH A CONCRETE FLOOR ON PROPERTY OWNED AND/OR LEASED BY RESPONDENT. FDEP ALSO OBSERVED THAT THE DRUMS WERE SURROUNDED BY TAPE THAT HAD A LABEL STATED SUSPECTED PCB OIL. FDEP DIRECTED RESPONDENT TO DETERMINE THE CONTENTS OF THE DRUMS AND TANK.
ON OR ABOUT APR 28, 2009, RESPONDENT'S CONSULTANT, COMMON GROUND ENVIRONMENTAL, COLLECTED SAMPLES OF LIQUIDS/SLUDGE FROM 2 OF THE 13 DRUMS. ANALYTICAL RESULTS SHOWED THAT 1 OF THE DRUMS HAD A PCB CONCENTRATION OF 5565,075 PPM AND THE OTHER DRUM HAD A CONCENTRATION OF 3,166 PPM.
ON OR ABOUT MAY 6, 2013, FDEP ASKED COMMON GROUND IF ANALYTICAL RESULTS FROM THE SAMPLYING HAD BEEN RECEIVED AND WHETHER SAMPLES HAD BEEN COLLECTED FROM THE 500-GAL TANK. COMMON GROUND ADVISED FDEP THAT IT WAS UNAWARE OF A 500-GAL TANK BEING PRESENT AT RESPONDENT'S FACILITY. FDEP SUBSEQUENTLY LEARNED THAT RESPONDENT HAD REMOVED THE TANK FROM TEH BLDG AND HAD MOVED IT TO ITS MAINTENANCE SHOP, AND THAT RESPONDENT HAD ARRANGED TO SHIP 300 GALS OF LIQUID IN THE TANK THRU A USED OIL TRANSPORTER FOR SHIPMENT TO A USED OIL PROCESSING FACILTY W/OUT FIRST SAMPLING THE CONT