1/27/2014 - NOTICE OF DETERMINATION ISSUED.
IN A SEPTEMBER 20, 2009, DISCLOSURE TO THE EPA, RESPONDENT DISCLOSED POTENTIAL VIOLATIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). SPECIFICALLY, THE COMPANY DISCLOSED POTENTIAL VIOLATIONS OF RCRA'S IMPLEMENTING REGULATIONS AT 40 CFR PART 265, SUBPART D.
EPA DETERMINED THAT RESPONDENT VIOLATED THE SUBPART D REGULATIONS BY FAILING TO UPDATE THE EMERGENCY COORDINATORS LISTED IN ITS CONTINGENCY PLAN FOR THE ORLANDO REGIONAL MEDICAL CENTER FACILITY, AND BY FAILING TO PROVIDE A COPY OF SUCH UPDATED CONTINGENCY PLAN TO THE LOCAL FIRE DEPARTMENT AS REQUIRED BY 40 CFR SECTION 265.54(d) AND .53(B), RESPECTIVELY. RESPONDENT PROMPTLY CORRECTED THE RCRA VIOLATIONS FOLLOWING THIS DISCOVERY.
PURSUANT TO THE AUDIT POLICY AND BASED ON THE INFORMATION PROVIDED BY THE RESPONDENT, THE EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED ABOVE; THE SELF-DISCLOSURE MEETS THE CONDITIONS OF THE EPA'S AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES ASSOCIATED WITH RESPONDENT'S ABOVE SPECIFICIED VIOLATIONS OF RCRA. THE EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, THE EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.