On September 26, 2016, EPA Region 2 issued a Complaint, Compliance Order and Notice of Opportunity for Hearing (Complaint) against the Respondent alleging violations of RCRA at its healthcare facility.
Based on the observations made by EPA during the inspection and response obtained from the Respondent, EPA issued the Complaint assessing penalties for the violations and ordering Respondent to: (1) clean up and properly manage any spill of hazardous waste, as that term is defined in Section 1004(5) of the Act, 42 USC 6903(5) and 40 C.F.R. 260.10, at the Facility; (2) make the hazardous waste determination of all the pharmaceutical waste; and (3) comply with the requirements for hazardous waste generators set forth in 40 C.F.R. Part 262, and applicable state regulations.
The Complaint proposed a penalty of $45,837.00. The Respondent and EPA reached an agreement in principle dispositive of all matters asserted in the Complaint, including a penalty. The CA/FO provides for the payment of a civil penalty of $20,000.00.