9/20/05 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,700, DUE WITHIN 30 DAYS.
ALLEGATIONS AND DETERMINATIONS:
AT THE FACILITY, RESOPNDENT MANUFACTURES ELECTRICAL PUMP CONTROL SYSTEMS AND REMANUFACTURES MERCURY CONTAINING MANOMETERS FOR WATER AND WASTE WATER INDUSTRIES.
RESPONDENT, AS A RESULT OF A REMANUFACTURING MERCURY CONTAINING MANOMETERS, GENERATES WASTES THAT ARE A SOLID WASTES AS DEFINED IN F.A.C. CHAPTER 62-730.030 (40 CFR 261.2).
PURSUANT TO SECTION 3002 OF RCRA AND FLA. STAT 403.721 AND THE REGULATIONS PROMULGATED THERETO AT 40 CFR 262.11 AND F.A.C. 62.730.160, A PERSON WHO GENERATES A SOLID WASTE MUST DETERMINE IF THAT WASTE IS A HAZARDOUS WASTE BY DETERMINING WHETHER THE SOLID WASTE IS EXCLUDED FROM REGULATION UNDER F.A.C. CHAPTER 62-730.030 (40 CFR 261.4), IDENTIFIED AS BEING CHARACTERISTICALLY HAZARDOUS IN F.A.C. CHAPTER 62-730.030 (40 CFR PART 261, SUBPART C, OR LISTED AS A HAZARDOUS WASTE IN F.A.C. CHAPTER 62-730.030 (40 CFR PART 261, SUBPART D.)
AT THE TIME OF THE FEBRUARY 3, 2003, CEI, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTE WATER AND WASTE BRUSHES AND TOOLS GENERATED DURING THE REMANUFACTURE OF MERCURY CONTAINING MANOMETERS.
EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND F.A.C. CHAPTER 62-730.160