12/24/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,000, DUE WITHIN 30 DAYS. ALLEGATIONS & DETERMINATIONS:
ON NOV 28 AND 29, 2007, EPA AND THE STATE PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
AT THE TIME OF THE CEI, AN EMPLOYEE OF RESPONDENT HAD SIGNED A DOCUMENT ATTESTING THAT THE FACILITY WAS A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR. EPA HAS DETERMINED THE RESPONDENT IS NOT A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 40 CFR 262.10(b) AND FLA. ADMIN. CODE ANN r. 62-730.160 BY NOT USING 40 CFR 261.5(c) TO DETERMINE THE APPLICABILITY OF THE PART.
AT THE TIME OF THE CEI, RESPONDENT HAD SHIPPED OIL OFF-SITE ON OCT 12, 2007, WITHOUT MAKE HAZ WASTE DETERMINATION. EPA ALLEGES RESPONDENT HAS VIOLATED 40 CFR 262.11 AND FLA. ADMIN. CODE ANN. r. 62-730.160 BY FAILING TO MAKE A HAZ WASTE DETERMINATION FOR THE SHIPMENT OF OIL.
AT THE TIME OF THE CEI, RESPONDENT WAS STORING HAZ WASTE IN SATELLITE ACCUMULATION CONTAINERS THAT WERE OPEN. EPA ALLEGES RESPONDENT HAS VIOLATED SEC 3005 OF RCRA FOR STORING/TREATING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND IN 40 CFR 262.34(c)(1).
AT THE TIME OF THE CEI, REPONDENT WAS ACCUMULATING HAZ WASTE IN CONTAINER THAT WERE OPEN. EPA ALLEGES THE RESPONDENT VIOLATED RCRA 3005 FOR STORING/TREATING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDE