9/22/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
RESPONDENT FAILED TO CONTAIN ANY LAMP IN CONTAINERS OR PACKAGES THAT RE STRUCTURALLY SOUND, ADEQUATE TO PREVENT BREAKAGE, AND COMPATIBLE WITH THE CONTENTS OFTHE LAMPS. SUCH CONTAINERS AND PACKAGES MUST REMAIN CLOSED AND MUST LACK EVIDENCE OF LEAKAGE, SPILLAGE OR DAMAGE THAT COULD CAUSE LEADKING UNDER REASONABLE FORESEEABLE CONDITIONS.
RESPONDENT FAILED TO LABEL OR MARK EACH LAMP OR CONTAINER OR PACKAGE IN WHICH LAMPS ARE CONTAINED WITH ANY ONE OF THE FOLLOWING PHRASES: UNIVERSAL WASTE-LAMPS(s), OR WASTE LAMPS(s) , OR USED LAMP(s).
RESPONDENT FAILED TO DEMONSTRATE THE LENGTH OF TIME THAT THE FACILITY'S UNIVERSAL WASTE HAD BEEN ACCUMULATED FROM THE DATE THAT THE UNIVERSAL WASTE BECAME A WASTE.
DURING THE COMPLIANCE EVALUATION (CEI), THE EPA INSPECTOR WAS TOLD THAT SOME SOLID WASTES WERE NOT TESTED TO DETERMINED IF THEY WERE HAZARDOUS WAST PRIOR TO DISPOSAL.
AFTER THE CEI, THE FACILITY CONDUCTED A WASTE DETERMINATION. AND THE RESULT OF THE WASTER DETERMINATION FOUND THAT THE WASTE WERE DETERMINED TO BE HAZARDOUS WASTES, EXHIBITING THE TOXICITY CHARACTERISTIC FOR LEAD (D008) AND BARIUM (D005).
THE RESPONDENT FAILED TO MAKE A PROPER HAZARDOUS WASTE DETERMINATION ON THE SOLID WASTE.