9/13/2012 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $36,000, PLUS INTEREST, DUE IN INSTALLMENTS.
ALLEGATIONS:
ON JULY 26, 2011, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
EPA OBSERVED BOXES CONTAINING BROKEN INK AND TONER CARTRIDGES, AND E-WASTE ACCUMULATED IN A DUMPSTER DESTINED FOR DISPOSAL. RESPONDENT FAILED TO MAKE A HAZ WASTE DETERMINATION ON THESE SOLID WASTES.
EPA OBSERVED UNIVERSAL WASTE BATTERIES THAT HAD BEEN STORED AT THE FACILITY FOR MORE THAN ONE CALENDAR YEAR FROM THE DATE UNIVERSAL WASTE BATTERY WAS RECEIVED OR BECAME A WASTE. RESPONDENT WAS UNABLE TO DEMONSTRATE THAT THE EXTENDED STORAGE OF THE UNIVERSAL WASTE WAS SOLEY FOR THE PURPOSE OF ACCUMULATION OF QUANTITIES NECESSARY TO FACILITATE PROPER RECOVERY, TREATMENT, OR DISPOSAL. ADDITIONALLY, AT THE TIME OF THE CEI, THE UNIVERSAL WASTE BATTERIES STORED AT THE FACILITY WERE NOT LABELED WITH THE WORDS UNIVERSAL WASTE-BATTERIES OR WASTE BATTERIES OR USED BATTERIES.
EPA OBSERVED DAMAGED SPENT LEAD-ACID BATTERIES IN A GAYLORD BOX. THE DAMAGED SPENT LEAD-ACID BATTERIES OBSERVED IN THIS BOX HAD VISIBLE DAMAGE WHICH COULD CAUSE LEAKAGE UNDER REASONABLY FORESEEABLE CIRCUMSTANCES.
EPA REQUESTED EMPLOYEE TRAINING RECORDS FROM RESPONDENT AND INQUIRED WHETHER RESPONDENT HAD TRAINED ITS EMPLOYEES WITH PROPER WASTE HANDLING AND EMERGENCY PROCEDURES. RESPONDENT INDICATED THAT NO EMPLOYEE TRAINING HAD BEEN CONDUCTED AND, THEREFORE, THAT NO TRAINING RECORDS WE