7/27/2017 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $62,600, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MAY 19, 2016, EPA AND FDEP CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT REPONDENT'S FACILITY.
EPA AND FDEP OBSERVED SEVERAL NICOTINE CARTRIDGES OF TRIBECA NICOTINE E-LIQUID, A P075 HAZ WASTE, ON THE GROUND UNDERNEATH TWO PLASTIC PALLETS IN THE FULFILLMENT AREA. EPA ALLEGES RESPONDENT VIOLATED SEC 403.722 OF THE FL STATUTES (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LGQ PERMIT EXEMPTION SET FORTH IN FLA ADMIN CODE ANN R. 62-730.160(1) (40 CFR 262.34(a)(1)(I) BY NOT PLACING HAZ WASTE IN CONTAINERS AND COMPLYING WITH THE APPLICABLE REQUIREMENTS OF SUBPARTS I.
ALSO, EPA ALLEGES RESPONDENT VIOLATED SECTION 403.722 OF THE FL STATUTES, FLA. STATE. 403.722 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREMENTS.
EPA AND FDEP OBSERVED A 250-GAL POLY TOTE OF WASTE RINSATE, A P075 HAZ WASTE, THAT WAS MARKED WITH AN ACCUMULATION START DATE OF FEB 9, 2016, THAT HAD BEEN ACCUMULATED 10 DAYS OVER THE 90 DAY STORAGE LIMIT. EPA ALLEGES RESPONDENT VIOLATED 403.722 OF THE FL STATUTES, FLA. STAT. 403.722 (RCRA 3005) BY STORING HAZ WASTE IN EXCESS OF 90 DAYS W/OUT A PERMIT OR INTERIM STATUS, IN VIOLATION OF FLA ADMIN CODE ANN R. 62-730.160(1) (40 CFR 262.34(b)