9/1/15 - CONSENT AGMT ISSUED, ASSESSING PENALTY OF $53,253, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON FEB 29, 2014, RESPONDENT NOTIFIED FDEP THAT FACILITY IS A LQG OF HAZ WASTE, MEANING THAT IT GENERATES GREATER THAN 1,000 KGs OF HAZ WASTE, OR 1 KG OF ACUTE HAZ WASTE, PER MONTH. IN ITS FEB 19, 2014 BIENNIAL REPT, RESPONDENT REPORTED THAT IT GENERATED THE FOLLOWING HAZ WASTES: D001, D002, D028, D035, D038, F002, F003, F005, AND P106.
ON DEC 18, 2013, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI, RESPONDENT WAS STORING NUMEROUS CONTAINERS OF WASTE IN THE LAB AREA, INCLUDING ACETONE, SODIUM CYANIDE, AND OTHER CHEMICALS. MANY OF THE CONTAINERS OF WASTE LAB CHEMICALS WERE VERY RUSTY AND A FEW CONTAINERS HAD BEEN CRYSTALLIZING AT THE CAP. SOME OF THE CONTAINERS WERE MARKED AS DISPOSAL , WASTE , AND HAZARDOUS WASTE ALTHOUGH RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINATION ON THESE WASTE LAB CHEMICALS. EPA ALLEGES RESPONDENT VIOLATED SUBSECTION 62-730.160(1), FL. ADMIN. CODE ANN. R. (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON THE WASTE LAB CHEMICALS GENERATED AT THE FACILITY'S LAB AREA. EPA ALLEGES RESPONDENT VIOLATED 403.722, FLA. STAT. (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN SUBSECTION 62-730.160(1), FLA. ADMIN. CODE ANN. R. (40 CFR 262.34(a)(4) BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREM