The Respondent, a for-profit corporation existing since 2008 under the laws of Puerto Rico, is a commercial recycling business that, along with other activities, collects and stores spent lead acid batteries (SLABs) before delivering them to the Port of San Juan, Puerto Rico for immediate export to other countries. Because SLABs are hazardous waste, the RCRA export regulatory requirements of 40 C.F.R. Parts 262 and 266 apply to this portion of the Respondent's activities. The spent lead acid batteries (SLABs) are exported in order to recover from them the reusable or otherwise remaining commercially-viable components.
In June and July 2015, EPA inspected the Respondent in order to determine its compliance with the relevant RCRA requirements. In May 2016 EPA continued its investigation into the Respondent's activities with an information request letter, to which the Respondent responded in the following month.
As a result of EPA?s investigative efforts, it was concluded that in May and June 2015 the Respondent unlawfully exported SLABs from the Port of San Juan to South Korea and also to China. EPA issued a Complaint to the Respondent on September 30, 2016 which consisted of two counts, the first alleging unlawful exports of SLABs to China and the second alleging unlawful exports of SLABs to South Korea. The total penalty assessed for both counts was $30,450.
Beginning in February 2017, EPA held a number of teleconferences with the Respondent or its counsel to d