On September 30, 2019, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an administrative penalty action against Respondent, Luxottica Optical Manufacturing (Luxottica), at its facility in, Lockbourne, Ohio (Facility). At the Facility, Luxottica manufactures and treats various prescription lenses, and is a large quantity generator. On March 1, 2017, EPA inspected the Facility to determine Respondent?s compliance with RCRA. The Region issued a Notice of Violation to Respondent on September 29, 2017, identifying specific alleged violations of RCRA.
In the Complaint/CAFO, the Region alleged that Respondent failed to comply with applicable RCRA requirements for storing hazardous waste for more than 90 days without a storage permit or interim status, and failed to meet other conditions for a permit exemption, as follows: 1) not all required waste determinations were made for several containers, and not all containers were marked or labeled as required; 2) inadequate training records for two years; 3) failure to maintain adequate aisle space; 4) contingency plan failed to cover arrangements with local responders; 5) failure to profile waste in two containers; 6) failure to keep copies of two required manifests; 6) failure to timely file one biennial report; and 7) failure to label one container of used oil. In a February 25, 2019 Pre-Filing Notice letter (PFN), EPA proposed an administrative civil penalty of $49,387 for the alleged violatio