6/3/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $3,100.
ON MARCH 24, 2009, EPA AND FEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. DURING THE CEI, EPA AND FDEP REPRESENTATIVES OBSERVED THE RESPONDENT STORING UNIVERSAL WASTE LAMPS IN BOXES. SOME OF THE BOXES WERE NOT PROPERLY LABELED AND MARKED WITH THE REQUIRED PHRASES TO IDENTIFY THE CONTENTS AS WASTE LAMPS. IN ADDITION, THE INSPECTORS OBSERVED THAT SOME OF THE BOXES WERE NOT CLOSED. COMPLIANANT ALLEGES THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 273.13(d)(1) AND 273.14(e) BY STORING UNIVERSAL WASTE LAMPS IN UNLABELED AND OPEN CONTAINERS.
AT THE TIME OF THE CEI, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION FOR THE BARIUM SOLUTION. COMPLAINANT ALLEGES THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 262.11 BY FAILING TO MAKE A HAZ WASTE DETERMINATION FOR THE BARIUM SOLUTION.